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In her appeal, Lenz argued that her video fit the criteria for fair use under copyright law, and that Universal failed to prove the video didn’t do so before issuing its DCMA takedown to YouTube.

The law “requires copyright-holders to consider fair use before sending a takedown notification”, and those that fail to do so can be held liable for damages, said Judge Richard Tallman in the 3-0 ruling, the first on the issue by any appeals court.