This website is primarily intended as an ADVERTISEMENT and communication within the meaning of the California Rules of Professional Conduct. No part of this website is intended as legal advice to the reader, who should rely only on the legal advice of an independent attorney that is licensed to practice law in the State of California.
NO ATTORNEY-CLIENT RELATIONSHIP CREATED
By using this website, the reader acknowledges and agrees that no attorney-client relationship is created between the reader and me.
NO CONFIDENTIALITY CREATED
By using this website, the user acknowledges and agrees that all communication by means of this website lacks confidentiality.
Third-party materials (e.g., judicial opinions, news articles, blogposts, videos, and the like) are used herein only for the educational purposes assumed to be intended by the copyright holder, i.e., for research, teaching, criticism, or comment, as the case may be, pursuant to the Copyright Act of 1976, 17 U.S.C. §§ 101-810, as amended. Any opinions, findings, conclusions, or recommendations expressed in such materials are those of the author including, but not limited to, government entities and do not necessarily reflect my views.
17 U.S.C. § 512(c)(3)(A)(v) requires that any takedown notification include: “A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” Copyright holders must consider fair use in subjective good faith prior to sending a takedown notification for content posted on the internet. (Lenz v. Universal Music Corp. (9th Cir. 2016) 810 F.3d 1126 (cert. den’d 6/19/2017).)
Steven B. Groen