Earlier this week, the Ninth Circuit affirmed the Northern District of California’s denial of cross motions for summary judgment in Lenz v. Universal Music. In an opinion by Judge Richard Tallman, the Court held that the defense of fair use must be considered by a copyright owner prior to the filing of a takedown notice under the Digital Millennium Copyright Act (DMCA). Here is our summary of the opinion:
What’s the case about?
Universal assigned a legal assistant to monitor YouTube for copyright infringement. The legal assistant… More