On September 14, 2015, in what has become known as the “dancing baby case,” the Ninth Circuit held that copyright holders must consider fair use before sending a DMCA takedown notification. If they do not, they can be liable for at least nominal damages under 17 U.S.C. §512(f), which states: “[a]ny person who knowingly materially misrepresents under this section . . . that material or activity is infringing . . . shall be liable for damages . . . .”
