<http://thehill.com/policy/technology/253576-fair-use-proponents-win-early-vi...> The Ninth Circuit Court of Appeals on Monday ruled that copyright holders must consider fair use before demanding companies such as YouTube remove potentially infringing content. The three-judge panel on the court determined Stephanie Lenz, who posted a YouTube video of her child dancing to a Prince song in 2007, could proceed with her lawsuit seeking damages from Universal Music Corp., which pressed YouTube to remove the video under the Digital Millennium Copyright Act (DMCA). “We hold that the statute requires copyright holders to consider fair use before sending a takedown notification, and that failure to do so raises a triable issue as to whether the copyright holder formed a subjective good faith belief that the use was not authorized by law,” according to the majority opinion. The video was eventually restored, but Lenz is seeking damages with help from the Electronic Frontier Foundation. The ruling is an early victory for advocates who argue music and movie publishers are too quick to allege infringement when requesting that Web companies — like YouTube or Twitter — remove copyrighted content. []