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
iPhone 7 (or iPhone 6S) leaked pictures show similarities to older model — but Apple is fixing the biggest issue of all
People all over the world are getting semicolon tattoos to draw attention to mental health
'Help me I'm trapped in a factory' messages keep being found on bottles of vitamin water
Google has set its terrifying, dreaming image robots on the public
What do the emojis on Snapchat mean?
Nathan Collier: Montana man inspired by same-sex marriage ruling requests right to wed two wives
Greece crisis: IMF was pushed around by Angela Merkel and Nicholas Sarkozy – and now it is being humiliated
'I wish the BBC would stop calling it Islamic State' – David Cameron unleashes frustration at broadcaster
Forget little green men – aliens will look like humans, says Cambridge University evolution expert
Greece crisis: The wider lesson is that it’s time to abandon this failed experiment in currencies
Girl, 7, stares down hate preacher at Ohio festival with pro-LGBT rainbow flag gesture
- 1 Nathan Collier: Montana man inspired by same-sex marriage ruling requests right to wed two wives
- 2 James Blunt was special guest on the highest-rating Top Gear episode ever
- 3 People all over the world are getting semicolon tattoos to draw attention to mental health
- 4 Van driver who comforted Clark Carlisle and called 999 after suicide attempt dies age 24
- 5 Baby rescued 1km out to sea after parents forgot about her
iJobs Gadgets & Tech
£20000 per annum: Recruitment Genius: The leading provider of Employee Managem...
£15000 - £25000 per annum: Recruitment Genius: This Kent based design consulta...
£25000 - £34000 per annum: Recruitment Genius: Are you looking to work for an ...
Negotiable: Recruitment Genius: This role's responsibility also include operat...