DMCA Takedown Notices: Never Enough, Always Too Much

picture1By Ari Robbins

Digital Millennium Copyright Act (“DMCA”) takedown notices are headed to the Supreme Court where they could themselves be facing a takedown. These notices are issued outside of a court process and are supposed to warn online hosts that content on their websites might constitute copyright infringement. Per the Ninth Circuit decision that is headed to the Court, Lenz v. Universal Music Corp., the sender of a takedown notice must have a subjective belief that material related to a notice is not fair use. Imposing such a standard has far reaching implications for all senders  and recipients of DMCA takedown notices.

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