Tuesday, October 26, 2010
YouTube case may lead to requirement that copyright plaintiffs consider Fair Use prospectively
Lenz has apparently won a ruling from a judge saying that content owners must consider Fair User before filing DMCA takedown notices. While some aspects of the litigation are still continuing, the concept could become important in other copyright litigation, including Righthaven, where defendants have been sued with no DMCA takedown warning ahead of time (this controversy has already been considered, as on Oct. 14 here). Generally, Fair Use has been treated as an after-the-fact “affirmative defense”, but if a judge ruled that a plaintiff must consider it before-the-fact, that would be important.
The link is here.