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The San Francisco Chronicle reports on Lenz v. Universal, and a fair use application regarding preemptive takedown orders under the DMCA: "a federal judge ruled Wednesday that copyright holders can't order one of their songs removed from the Web without first checking to see if the excerpt was so small and innocuous that it was legal."
Here's a link to the court order, via the EFF. [PDF]
Quotes:
* "A good faith consideration of whether a particular use is fair use is consistent with the purpose of the statute."
* "[I]n the majority of cases, a consideration of fair use prior to issuing a takedown notice will not be so complicated as to jeopardize a copyright owner’s ability to respond rapidly to potential infringements."
* "[A] fair use is a lawful use of a copyright. Accordingly, in order for a copyright owner to proceed under the DMCA with “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law,” the owner must evaluate whether the material makes fair use of the copyright."
And in good technical detail:
"...the question in this case is whether 17 U.S.C. § 512(c)(3)(A)(v) requires a copyright owner to consider the fair use doctrine in formulating a good faith belief that 'use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
EFF on Lenz v. Universal. Via Citizen Media Law Project
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