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Getty Images Letter Forum / Copyright Owners Must Consider Fair Use Before Sending Takedowns
« on: September 14, 2015, 01:29:25 PM »
Great news! Note that if this applies to DMCA takedowns could ALSO be applied to copyright extortion schemes.
From a recent 9th Circuit decision:
"To be clear, if a copyright holder ignores or neglects our unequivocal holding that it must consider fair use before sending a takedown notification, it is liable for damages under § 512(f),"
The judge also adds that copyright owners need to do more than pay "lip service" to fair use, and further, that the "willful blindness doctrine" can be applicable to these type of disputes if a copyright owner deliberately avoids learning of fair use despite high probabilities.
So the next time a site is using an image for purely educational purposes and not for profit and one of the stock companies tries to squeeze them, they can sue for damages.
http://www.hollywoodreporter.com/thr-esq/appeals-court-copyright-owners-consider-822954
From a recent 9th Circuit decision:
"To be clear, if a copyright holder ignores or neglects our unequivocal holding that it must consider fair use before sending a takedown notification, it is liable for damages under § 512(f),"
The judge also adds that copyright owners need to do more than pay "lip service" to fair use, and further, that the "willful blindness doctrine" can be applicable to these type of disputes if a copyright owner deliberately avoids learning of fair use despite high probabilities.
So the next time a site is using an image for purely educational purposes and not for profit and one of the stock companies tries to squeeze them, they can sue for damages.
http://www.hollywoodreporter.com/thr-esq/appeals-court-copyright-owners-consider-822954