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http://policynotes.arl.org/?p=1162

"9th Circuit Holds Fair Use Must Be Considered Before DMCA Takedown Notices are Sent
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On September 14, 2015, the Court of Appeals for the Ninth Circuit ruled in Lenz v. Universal Music that "copyright holders must consider fair use before sending a takedown notification, and that failure to do so raises a triable issue as to whether the copyright holder formed a subjective good faith belief that the use was not authorized by law."



I'm wondering if this is headed to Supreme Court. Will be interesting to watch...