adequately defended fair use doctrine's reliance on artists'
that the accused work is fair use, even if that work does not actually
court found that most of the accused works were fair use because of
Lenz's misrepresentation lawsuit charged that Universal had an obligation to consider fair use before sending the takedown notice, because fair uses are "authorized.
It rejected Universal's argument that it was not obligated to consider fair use, stating unequivocally that "a copyright holder must consider the existence of fair use before sending a takedown notification.
This decision now requires every copyright holder to pause and take the extra step of considering fair use before sending a notice and takedown request.
Given the significant role played by fair use in competition and
the outcome of the fair use analysis is often determined by the first
improvement in how courts analyze the first fair use factor.
colorable fair use defense and thus fails to prevail, it is not because
allegation through a showing of fair use is what makes the cause of
words, I am proposing that alleging an absence of fair use, that is, an
The speech-protective features of fair use are today all but forgotten as courts now view fair use as an exception to the norm of copyright monopoly.
This Article traces the history of fair use from a speech right that defined the contours of copyright to an exception that excuses infringement.
10) If subsequent expression incorporates another's prior expression in order to communicate an original idea, that subsequent expression constitutes a fair use of the prior expression, and so the law should protect it as speech.