3 ms·
In 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
by gnopgnip 3y ago
In 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.