The Ninth Circuit Court of Appeals released an opinion in a long-pending case out of Northern California that adds a step to the takedown notice process.
Before a copyright owner sends a takedown notice, they must consider whether the use of the work is “fair use” under the copyright act, and therefore not infringement. Failure to consider fair use can result on a lawsuit including damages and paying the other party’s attorneys fees.
If your company sends out DMCA takedown notices, now is a great time to revisit your guidelines and improve them to incorporate this new guidance regarding fair use. Contact us if you’d like to revise your company’s takedown guidelines.