Kieren McCarthy, The Register; Infamous 'Dancing Baby' copyright battle settled just before YouTube tot becomes a teen
"In the Ninth Circuit ruling – which is the one that will now hold
until another appeals court takes on the topic and/or the Supreme Court
decides to revisit the issue in future – the court said that a copyright
holder is obliged to consider whether the content they are planning to
send a DMCA notice to is legal under the fair use doctrine.
Which is great. Except the court also decided that
the rightsholder is entitled to reach the decision of whether that is
true or not entirely by themselves.
Which on one level provides a sort of equilibrium but
on the other means that it is inevitable that there will be lots of
future court cases as people argue all over again about what is fair
use.
In other words, this 11-year court battle has not
really resolved anything and we can expect to see another one on the
exact same topic soon."
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