United States: : The obligation to consider fair use

• Autores: Jonathan Perl
• Localización: IRIS: Legal Observations of the European Audiovisual Observatory, ISSN-e 1023-8565, Nº. 10, 2015, págs. 28-29
• Idioma: inglés
• Texto completo no disponible (Saber más ...)
• Resumen

  • On 14 September 2015, the United States Court of Appeals for the Ninth Circuit held that copyright holders must consider whether a disputed use of its copyrighted work is protected as fair use by the Digital Millennium Copyright Act ("DMCA") before sending a takedown notification. The ruling came in a case that resolved a dispute between a private individual and the company Warner Music Corporation ("Universal") over whether a video that the former litigant posted on YouTube infringed one of their copyrighted works.

    On 7 February 2007, the private citizen, a mother of two children, uploaded a 29-second home video titled “‘Let’s Go Crazy’ #1” to YouTube, in which her two young children danced to the song Let’s Go Crazy by Prince in the family kitchen (the "Video"). Universal sent a notice to YouTube requesting that they take the video down because it contained unauthorized use of the copyrighted song. The woman subsequently filed a lawsuit against Universal arguing that Universal's request should be denied because her use of the copyrighted music is permitted as fair use under the DMCA