From: Ann Shumelda Okerson <[log in to unmask]>
Date: Mon, 14 Sep 2015 17:45:24 -0400
Subject: Fair Use Review Must Precede DMCA Takedowns


https://www.law360.com/articles/702339

Copyright holders cannot shirk their duty to consider—in good faith
and prior to sending a takedown notification—whether allegedly
infringing material constitutes fair use, a use which the DMCA plainly
contemplates as authorized by the law,” the appeals court wrote. “That
this step imposes responsibility on copyright holders is not a reason
for us to reject it.

Full text of the opinion (9 pages; PDF) in Lenz vs. Universal Music is
available here:

https://www.scribd.com/doc/280946517/Opinion-From-United-States-Court-of-Appeals-9th-Circuit-Lenz-vs-Universal-Music

Comments are welcomed on what seems to be an important decision.

Thank you, AnN Okerson