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The Trump Admin's Advice to Supreme Court in Copyright Case Is a True Mind-Bender

From The Hollywood Reporter by Eriq Gardner

The Trump Administration has finally weighed in on copyright, a subject as contentious*** as healthcare or immigration. On Thursday, the Acting Solicitor General advised the U.S. Supreme Court that even though a lower appeals court made a "significant legal error" in a dispute over a YouTube clip of a toddler dancing to Prince's 1984 hit, "Let's Go Crazy," the high court should pass on a review.

The case focuses on whether Universal Music made a misrepresentation when issuing a takedown notice to YouTube. Representing the owner of video, mother Stephanie Lenz, the Electronic Frontier Foundation has been in court for about a decade on this issue. In September, 2015, the 9th Circuit Court of Appeals ruled that copyright owners must consider fair use before sending takedowns, but wrote that if a copyright holder forms a subjective good faith belief that allegedly infringing material does not constitute fair use, that's enough to shield the copyright holder from misrepresentation liability under the Digital Millennium Copyright Act. That left neither side truly happy, so petitions came from both for a high court review.

Full story.

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