Update DMCA Takedown Notice.md

Inserting fair use consideration requirement (Lenz)

DMCA/Site Pages/DMCA Takedown Notice.md

@@ -4,7 +4,7 @@ Please note that we are unable to process DMCA notices that refer to sites hos
 
 WordPress.com is a publishing platform where bloggers often use copyrighted materials in commentary or journalism, or transform the materials into something original of their own. As such, before submitting a DMCA notice, it’s important to consider if the manner in which the material is used falls under **[fair use](http://en.support.wordpress.com/fair-use/)**. If you are not sure whether material located on a WordPress.com site infringes your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.
 
-**Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing. **[**We have and will seek to collect those damages**](http://www.theverge.com/2015/3/9/8175491/wordpress-automattic-wins-dmca-takedown-straight-pride-uk-case)**.**
+**Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing. **[**We have and will seek to collect those damages**](http://www.theverge.com/2015/3/9/8175491/wordpress-automattic-wins-dmca-takedown-straight-pride-uk-case)**.**  **In addition, you are required to consider the possible fair use implications, as a result of [Lenz v. Universal](https://www.eff.org/press/releases/important-win-fair-use-dancing-baby-lawsuit). We reserve the right to challenge abuses of the DMCA process, and your use of this form does not waive that right.**
 
 **Your DMCA notice will be forwarded to the party that made the material available, and also may be sent to third parties such as **[**ChillingEffects.org**](http://www.chillingeffects.org/)**. A note will also be placed on the site in question detailing the name of the copyright holder who submitted the takedown notice.**