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'Dancing Baby' Copyright Case Through A Proper Lens: Part 1

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Law360, New York (June 14, 2017, 11:26 AM 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.”

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