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Copyright holders must consider fair use before sending takedown notices – 9th Circuit

Michael Loney, New York

The Ninth Circuit appeals court has affirmed that copyright holders must consider whether a use of material is fair before sending a takedown notice, in the closely-watched Lenz v Universal “dancing baby” lawsuit

In 2007 Stephanie Lenz posted a 29-second video to YouTube of her children dancing in her kitchen to the Prince song “Let’s Go Crazy” playing in the background. Universal Music Group sent YouTube a notice under the Digital Millennium Copyright...

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