A three-judge panel in The United States Court of Appeals for the Ninth Circuit, in San Francisco, clears the way for the “Dancing Baby case” to go to trial. The court rules that fair use is “uniquely situated in copyright law so as to be treated differently than traditional affirmative defenses,” and copyright holders like Universal must consider fair use before issuing takedown notices asking services like YouTube to remove videos that include material they control. EFF:
Today’s ruling sends a strong message that copyright law does not authorize thoughtless censorship of lawful speech.
We respectfully disagree with the court’s conclusion about the D.M.C.A. and the burden the court places upon copyright holders before sending takedown notices.