Copyright fair use has been procedurally enshrined as an affirmative defense to infringement claims. But in 2009, the U.S.
Fair Use Analysis Before Takedown Notice Is Asked for By Another Federal District
In 2009, the U.S. District Court for the Northern District of California startled copyright owners in ruling that, to comply with the "good faith" requirement the DMCA, content proprietors must conduct a fair-use copyright analysis of unlicensed online uses of their works prior to sending a takedown notice. Now a federal magistrate for the U.S. District Court for the District Montana has adopted the <i>Lenz</i> fair use rule.
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