Lenz v. Universal Music Corp., 801 F.3d 1126 (9th Cir. 2015)
The case of Lenz v. Universal Music Corp.
Must copyright holders consider fair use before issuing a DMCA takedown notice under 17 U.S.C. § 512(c)?
Under 17 U.S.C. § 512(c), copyright holders are required to assess whether a use is authorized, which implicitly includes evaluating whether the use is a lawful fair use under 17 U.S.C. § 107.
The Ninth Circuit held that copyright holders must consider fair use before issuing a takedown notice under the DMCA. An unconsidered takedown request that results in content removal could be subject to liability under 17 U.S.C. § 512(f).
Lenz v. Universal Music Corp. is particularly significant for law students studying copyright as it marks a precedent-setting clarification on the limitations of copyright enforcement, emphasizing the importance of fair use in internet law. It also underscores the critical role of fair use in preserving freedom of expression in the digital age, thus impacting how online platforms manage and respond to DMCA notices.