Fair Use Must Be Considered In DMCA Notices

I Don't Believe in Imaginary Property writes "US District Judge Jeremy Fogel has ruled that an 'allegation that a copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine thus is sufficient to state a misrepresentation claim,' which paves the way for a lawsuit against Universal Music over a ridiculous DMCA Takedown notice they filed. One can only hope that this ruling will some day be used against those who file misguided copyright complaints against computer printers. Those lawyers who rely upon buggy infringement detection programs to do their thinking for them — programs which are incapable of making subjective considerations like fair use — might want to think again before rubber stamping computer-generated DMCA Takedown notices."

Comments

Re:a lot of us are happy

[Anonymous Coward]

Easy to say when you don't own a copy right. I do own several, and make money off my copy rights. I do not want to live in a world where there is no copy right law. It would end creativity. No one would write boks, or movies or take pictures of any quality. Why put the time in when you can't make money off it, so instead I would be forced to do something else to support my family.

Re:a lot of us are happy

[bigstrat2003]

Yes, it is. Every man, woman, or child has the right to set their terms for doing business with them. You are obligated to accept the terms, or not accept the fruits of their labor. Pick one (or negotiate, I suppose). Copyright merely makes it easier to apply this right into the realm of creative works.