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Fair Use under DMCA

What looks like a step in the right direction, via EFF:

Judge Rules That Content Owners Must Consider Fair Use Before Sending Takedowns
(Corynne McSherry, EFF, 20 Aug 2008)

A judge’s ruling today is a major victory for free speech and fair use on the Internet, and will help protect everyone who creates content for the Web. In Lenz v. Universal (aka the “dancing baby” case), Judge Jeremy Fogel held that content owners must consider fair use before sending takedown notices under the Digital Millennium Copyright Act (“DMCA”).

Universal Music Corporation (“Universal”) had sent a takedown notice targeting a 29-second home movie of a toddler dancing in a kitchen to a Prince song, “Let’s Go Crazy,” which is heard playing in the background. Because her use of the song was obviously a fair use and, therefore, non-infringing, Lenz sued Universal for misrepresentation under the DMCA. Universal moved to dismiss the case, claiming, among other things, that it had no obligation to consider whether Lenz’s use was fair before sending its notice. The judge firmly rejected Universal’s theory:

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