Q: so, a man reposted my YouTube video, except it had laughing over it, I submitted a takedown and it was successfull
Now this man is threatening to take me to court for a false takedown under Fair Use terms. Can he do this?
A: In doing so, he will have the burden of proof that what he was doing comes within the criteria of fair use. The annoying thing is that whoever the ISP, they just dumped the ball into your court. You may want to explore with an attorney familiar with the Digital Millennium Copyright Act and its take down provisions. Because the Act also allows you to dispute the take down. You can weigh the risks if you think it is worth it. Good luck.
A: I am adding a correction to my initial comment. It appears, you were successful. Not sure how likely the person is to go to the expense of suing you. He will have the burden of proof that his use was fair. To be on the safe side, consider consulting an attorney who is familiar with the DMCA.
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