I'm not sure,
I do have a background in copyright law (and patents, trademarks, brands, etc. ,. from my time spent in R&D 'research and development'), as defined in Common Law (Aust., NZ, Canada, UK, etc.), and EU or other variants.
But, the US 'DCMA' Copyright Act is an angry beast of a thing .. It's all about the level of concern and actions of the 'aggrieved' copyright holder. What I have adhered to would be no issue under DCMA, but that may not stop someone issuing a 'take down' notice.