Say someone makes a fan vid using clips from Star Wars, receives a DMCA complaint from Disney, and then successfully appeals that takedown on fair use grounds. In this case, would Disney be penalized?
If they wouldn't be penalized, why? If it's because Disney owns the rights to Star Wars, how would that be discovered? Making a complaint when you don't have a good faith belief you own the copyright to it already caries the penalty of perjury. Would the cost of this new penalty be more than that?
If they would get penalized, then how is the existence of fair use not relevant as far as the risk to copyright holders is concerned?
If they wouldn't be penalized, why? If it's because Disney owns the rights to Star Wars, how would that be discovered? Making a complaint when you don't have a good faith belief you own the copyright to it already caries the penalty of perjury. Would the cost of this new penalty be more than that?
If they would get penalized, then how is the existence of fair use not relevant as far as the risk to copyright holders is concerned?