Copyright Owners Must Consider 'Fair Use' Before Sending Takedown Notice
Interesting turn of events
In the nation's first such ruling, a federal judge on Wednesday said copyright owners must consider "fair use" of their works before sending takedown notices to online video-sharing sites.
The 10-page decision (.pdf) came a month after Universal Music told a San Jose, California federal judge that copyright owners need not consider the "fair use" doctrine before issuing takedown notices requiring online video-sharing sites to remove content.
The doctrine, recognized by the Digital Millennium Copyright Act, permits limited use of copyright materials without the owner's permission.
"Even if Universal is correct that fair use only excuses infringement, the fact remains that fair use is a lawful use of a copyright," U.S. District Judge Jeremy Fogel ruled. "Accordingly, in order for a copyright owner to proceed under the DMCA with 'a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law,' the owner must evaluate whether the material makes fair use of the copyright."
Fogel added that an "allegation that a copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine thus is sufficient to state a misrepresentation claim."
The legal dispute decided Wednesday centers on a rarely used clause in the DMCA -- originally approved by Congress in 1998 -- allowing victims of meritless takedown notices to seek damages, in a bid to deter false notices and breaches of First Amendment speech. It is usually used when somebody issues a takedown notice and misrepresents ownership of the copyright.
http://blog.wired.com/27bstroke6/200...copyright.html
In the nation's first such ruling, a federal judge on Wednesday said copyright owners must consider "fair use" of their works before sending takedown notices to online video-sharing sites.
The 10-page decision (.pdf) came a month after Universal Music told a San Jose, California federal judge that copyright owners need not consider the "fair use" doctrine before issuing takedown notices requiring online video-sharing sites to remove content.
The doctrine, recognized by the Digital Millennium Copyright Act, permits limited use of copyright materials without the owner's permission.
"Even if Universal is correct that fair use only excuses infringement, the fact remains that fair use is a lawful use of a copyright," U.S. District Judge Jeremy Fogel ruled. "Accordingly, in order for a copyright owner to proceed under the DMCA with 'a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law,' the owner must evaluate whether the material makes fair use of the copyright."
Fogel added that an "allegation that a copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine thus is sufficient to state a misrepresentation claim."
The legal dispute decided Wednesday centers on a rarely used clause in the DMCA -- originally approved by Congress in 1998 -- allowing victims of meritless takedown notices to seek damages, in a bid to deter false notices and breaches of First Amendment speech. It is usually used when somebody issues a takedown notice and misrepresents ownership of the copyright.
http://blog.wired.com/27bstroke6/200...copyright.html
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