Fair Use Must Be Considered Before DMCA Notices

• Development:
  Addressing a matter of first impression, the Ninth Circuit affirms that a copyright holder must consider whether an unapproved use of its work online falls within a fair use exception before issuing a takedown notice under the Digital Millennium Copyright Act.

A copyright holder must consider whether an unapproved use of its work is a fair use before issuing a takedown notice under the Digital Millennium Copyright Act, the U.S. Court of Appeals for the Ninth Circuit ruled Sept. 14 (Lenz v. Universal Music Corp., 9th Cir., 13-16106, 9/14/15).

The court said that a rights holder must ...