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It's important to remember that none of these laws give you permission to do anything. The only thing the law does is give a judge, or a panel of judges, or a j
by sircastor 3y ago
It's important to remember that none of these laws give you permission to do anything. The only thing the law does is give a judge, or a panel of judges, or a jury, a set of guidelines to evaluate whether or not you violated that law and can be fined or punished.
If you use it in a way that violates copyright, or in a way that a lawyer responsible for the IP thinks violates copyright then you can hire a lawyer to try to convince someone that your use of the IP doesn't violate copyright.
- gnopgnip 3y agoIn Lenz v. Universal the courts found that the rights holder does need to consider fair use, and if they do not before sending a DMCA takedown they are liable
- Dwedit 3y agoThere's only one thing required in a DMCA takedown, and that is the claim that the person issuing the takedown is authorized to act on behalf of the copyright holder. That's it. No requirement to consider fair use, or even any requirement that the allegedly infringed work is correctly identified.
- gnopgnip 3y agoIn Lenz v. Universal the courts found otherwise, that fair use is an authorized use and a rights holder is liable for damages if they fail to consider it.