9th Circuit revisits Dancing Baby copyright case: No fair use via algorithm
10 04 2016In September, the US Court of Appeals for the 9th Circuit issued its ruling in the “Dancing Baby” copyright takedown case, initiated by the Electronic Frontier Foundation more than eight years ago. It was a victory for the EFF, but a very mixed one. Today, the court issued an amended opinion that makes the EFF’s win stronger.
The initial ruling made it clear that copyright owners need to at least consider fair use before they issue a DMCA takedown notice. At the same time, the bar wasn’t too high for what a rightsholder has to do to form a “good faith” belief that there’s no fair use. The fair use consideration didn’t have to be “searching or intensive,” US Circuit Judge Richard Tallman wrote in his opinion.
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