Ninth Circuit Warning Over DMCA Takedowns
YouTube users rejoice: The Ninth Circuit in a September 14 decision gave copyright holders something additional to consider before sending Digital Millennium Copyright Act takedown notices, holding that they must weigh fair use before sending takedown notices to hosting websites. In this case, Lenz v. Universal Music Corp., a mother had posted to YouTube a 29-second video of her two children dancing to a Prince song, “Let’s Go Crazy,” which was playing in the background. In response, Universal sent YouTube a takedown notice on the video claiming that Lenz had infringed on the song’s use, and as a result, YouTube removed the video.
Find out if Lenz won out over consideration of "fair use." Read more about DMCA Takedowns.
In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time. Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.