COPYRIGHT OWNERS REQUIRED TO CONSIDER FAIR USE DOCTRINE BEFORE ISSUING TAKEDOWN NOTICE UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT

In a case of first impression, a United States district court has ruled that, under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (DMCA), before demanding that copyrighted material removed from an Internet posting, a copyright owner must evaluate whether the there is a fair use of the copyright. The court held that an allegation that a copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine is sufficient to state a misrepresentation claim pursuant to the DMCA.

The following questions have been addressed in this article:

What were Lenz’s factual allegations against Universal?
What were Universal’s main arguments in the case?
On what grounds did the court reject Universal’s arguments?

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