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by pygy_ 2867 days ago
Among the press articles and misc pages lies https://ec.europa.eu/transport/road_safety/useful-links/eu-l..., a page from the European Commission web site that sports tiny logos from the companies they link to. Isn't that considered fair use?
2 comments

"Fair use" isn't a thing in most jurisdictions.
The DMCA is a US law, and fair use is a thing in the US. There are AFAIK specific provisions in that law regarding fair use, actually.
Right, if we use this particular DMCA request as the context. But this appears to be alleging that the EU road safety page contains a copyright infringement of "Gamble Breaux-This Time (feat. Jason Singh)", which it plainly does not.
But the EU isn't the US and in the EU there isn't a fair use law (though depending on EU jurisdiction you get something sorta similar but way stricter)
The problem is with the incentives: if the recipient of a DMCA request doesn't immediately take down the target, they become liable for any copyright infringement.

While Google would probably win if it came down to a lawsuit, the two options they have are to take it down and let the site operator dispute it, or go to court to defend the actions of a group they're unaffiliated with. The obvious choice for pretty much any group is to take it down.