“LET’S NOT GO CRAZY” ABOUT LENZ V. UNIVERSAL MUSIC CORP. ET AL.
In a highly anticipated decision, on September 14, 2015, the Ninth Circuit in Lenz v. Universal Music Corp. et al. ruled that copyright holders must consider fair use prior to sending a takedown notice under the DMCA or they may run the risk of being held liable for nominal damages under 17 U.S.C. § 512(f). Yet, what implications does this decision have for copyright holders, who are already struggling to enforce their rights as the Internet and technology rapidly progresses? Although the decision mandates that copyright holders partake in a fair use inquiry prior to issuing a takedown