[From article]
On Monday, the United States Court of Appeals for the Ninth Circuit, in San Francisco, cleared the way for the case to go to trial, and set a guideline that may change the way media companies police their holdings online. In its decision, the three-judge panel ruled that copyright holders must consider fair use before asking services like YouTube to remove videos that include material they control.
[. . .]
“Today’s ruling sends a strong message that copyright law does not authorize thoughtless censorship of lawful speech,” Corynne McSherry, the foundation’s legal director, said in a statement.
A spokesman for the Recording Industry Association of America, Jonathan Lamy, said, “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,” referring to the 1998 Digital Millennium Copyright Act.
In her suit, Ms. Lenz argued that her use of Prince’s music was protected by fair use, which allows the use of copyrighted material under certain conditions like commentary, criticism or news reporting.
http://www.nytimes.com/2015/09/15/business/media/youtube-dancing-baby-copyright-ruling-sets-fair-use-guideline.html?src=twr
YouTube ‘Dancing Baby’ Copyright Ruling Sets Fair Use Guideline
By BEN SISARIO
SEPT. 14, 2015
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