'Dancing Baby' Copyright Case Through A Proper Lens: Part 2
By David Leichtman and Sherli Furst ( June 15, 2017, 1:09 PM EDT) -- The U.S. Supreme Court has been asked to decide whether to grant review of a dispute concerning what analysis, if any, a copyright owner must conduct concerning fair use before sending a Digital Millennium Copyright Act takedown notice. The question presented is: "Whether the Ninth Circuit erred in concluding that the affirmation of a good faith belief that a given use is not authorized by the copyright owner, its agent, or the law, required under § 512(c) of the Digital Millennium Copyright Act ("DMCA"), may be purely subjective and, therefore, that an unreasonable belief — such as a belief formed without consideration of the statutory fair use factors — will not subject the sender of a takedown notice to liability under § 512(f) of the DMCA."...
Law360 is on it, so you are, too.
A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.