• DMCA Takedowns Require Consideration of Fair Use
  • September 17, 2015
  • Law Firm: Banner Witcoff Ltd. - Washington Office
  • The U.S. Court of Appeals for the Ninth Circuit has held that copyright holders must at least consider fair use before issuing a takedown notice under the Digital Millennium Copyright Act (DMCA). The decision, in Lenz v. Universal Music Corp. et al.1 , is the first to address this issue, and will help shape the future administration of copyright protections in the digital age.