3 ms·
Lenz v Universal was fought over this, and has opened the floodgates for these claims. Copyright holders cannot just blanket issue DMCA takedowns without evalua
by snuxoll 7y ago
Lenz v Universal was fought over this, and has opened the floodgates for these claims. Copyright holders cannot just blanket issue DMCA takedowns without evaluating the supposedly infringing content, including consideration of fair use.
While it’s not an easy case to win, it has teeth - unfortunately they are limited to ACTUAL damages, which does give companies incentive to file misrepresented claims as one cannot easily hire a contingent attorney without the possibility of a statutory windfall.