RIAA Disagrees With 9th Circuit's 'Lenz v. Universal'

RIAA disagrees with the 9th U.S. Circuit Court of Appeals ruling Monday in Lenz v. Universal, a spokeswoman said in an email, speaking on behalf of Universal Music Group (UMG). A three-judge 9th Circuit panel ruled that U.S. District Court in San Francisco was justified in ruling against motions from UMG and other parties for a summary judgment in the case. The 9th Circuit’s ruling also said the Digital Millennium Copyright Act (DMCA) “requires copyright holders to consider fair use before sending a takedown notification (see 1509140070). RIAA, one of the parties supporting UMG in the case, disagrees with the 9th Circuit’s “conclusion about the DMCA and the burden the court places upon copyright holders before sending takedown notices,” a spokeswoman said. “But we are pleased that the Ninth Circuit made it clear that a court may not second guess a copyright owner’s good faith belief that the fair use does not excuse infringing conduct.”