From: Sue Gardner <[log in to unmask]>
Date: Tue, 15 Sep 2015 13:18:58 +0000

Thank you for alerting this to us, Ann.

Here are additional links that cover this case:

https://www.eff.org/press/releases/important-win-fair-use-dancing-baby-lawsuit
https://www.eff.org/cases/lenz-v-universal

https://www.eff.org/document/9th-circuit-opinion-lenz

Sue Ann Gardner, MLS
Scholarly Communications Librarian
Discovery and Resource Management
302S Love Library
University of Nebraska-Lincoln
Lincoln, Nebraska 68588-4100 USA
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________________________________________

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