Cute baby video wins battle against music label
Monday 01 March 2010
How much should a copyright owner pay for improperly telling a web site to remove content? Stephanie Lenz got into trouble with Universal Music Group in 2007 after she posted a YouTube video of her toddler dancing to the Prince song "Let's Go Crazy."
The label fired off a letter demanding removal of the clip and Youtube complied.
Lenz then teamed with online free-speech advocates at the Electronic Frontier Foundation to get a judge to declare that her video was a "fair use" of the song. She then sought damages against Universal, the world's biggest record company, for sending a meritless takedown request.
Universal fought back by raising affirmative defenses that Lenz had bad faith and unclean hands in pursuing damages. Now a California district court judge has rejected those arguments, granting partial summary judgment to Lenz and paving the way for Lenz to collect attorneys fees.
The case is important because it raises the question of whether a media company can be held liable for pursuing a takedown without a full consideration of fair use. The decision by the court last Thursday is very technical and examines damage claims under a statutory code that deals with liability when misrepresentations are made about infringing works online.
A preliminary read on the decision indicates that Lenz can recover legal fees associated with fighting the takedown, but not necessarily fees connected with the cost of pursuing Universal for damages in follow-up litigation. To really sock it to Universal, Lenz would have to make a claim under a code that awards fees at the court's discretion. To do that, she will likely need to show that Universal knowingly misrepresented its initial claim.
Life & Style blogs
Apple MacBook review: preposterously thin and extravagantly attractive, this is the best-designed laptop Apple has ever made
How Old Do I Look: Microsoft’s super advanced age-guessing app is terrible at guessing how old celebrities are, too
UK skin cancer statistics 'shocking' as sun-worshippers ignore the dangers of exposure
What do the emoji on Snapchat mean?
The 12 most sexually satisfied countries in the world revealed
Over 50,000 families shipped out of London boroughs in the past three years due to welfare cuts and soaring rents
EU asylum policy is 'a direct threat to our civilisation', says Nigel Farage
Indonesia executions live: 'Hysterical' families heard prisoners being shot dead by firing squad
General Election 2015: SNP and its activists 'openly racist' towards the English, Farage says
EU exit would hit UK economy much harder than neighbouring countries, study finds
General Election 2015: UK will be 'run for the wealthy and powerful' if Tories retain power, Labour warns
- 1 Which country would be hardest to invade?
- 2 The man who filmed the Freddie Gray video has been arrested at gunpoint
- 3 Royal baby girl born: Duchess of Cambridge's second child will be a princess thanks to Queen
- 4 Uploading pictures to find out how old you are gives Microsoft the right to post them wherever they want
- 5 Royal baby born: Unsuspecting parents walk out of the Lindo Wing to be greeted by media circus
iJobs Gadgets & Tech
£17000 - £30000 per annum: Recruitment Genius: Developer required to join a bu...
£15000 - £25000 per annum: Recruitment Genius: As your knowledge grows you wil...
£40000 - £48000 per annum + Benefits: Ashdown Group: Systems Engineer - Linux ...
£20000 - £30000 per annum: Recruitment Genius: This leading provider of Cloud ...