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@textsfromrandomfandom
Copyright Violation?
I just received a Tumblr notification for a possible copyright violation. The content has been removed from the staff, so I can’t even review what caused it. My main problem with this whole mess is that I feel this blog falls squarely in the fair use category. So do I challenge it?
After reading up on the Tumblr guidelines, the hassle isn’t worth it for a counter notice over some butt hurt whatever. To be honest I feel like my whole blog is a parody, so it falls squarely in the fair use category of the Digital Millennium Copyright Act. Although criticism and commentary are among the types of fair use described by the statute, U.S. courts have held that a work need not comment on the original in order to be transformative. In Cariou v. Prince , the court said that "a secondary work may constitute a fair use even if it serves some purpose other than ... criticism, comment, news reporting, teaching, scholarship, and research."
Quote from http://transformativeworks.org/news/10-fair-use-misconceptions