US Court of Appeals (IX Circuit) holds ‘takedown notifications’ by Copyright holders must consider ‘fair use’ prior to sending notice [Read Judgment]

The US Court of Appeals (IX Circuit) has held recently in Lenz v Universal Music that fair use before sending a takedown notification must be considered by Copyright holders. Failure to do so will raise a triable issue as to whether the copyright holder formed a subjective good faith belief that the use was not authorized by law. Holding that ‘actual knowledge theory’ must be used for...