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
Winter crisis in A&E: Hospitals declare 'black alerts' as admissions shatter records, but full stats still unpublished
Bill Granger recipes: Tenderstem broccoli omelette; Fried eggs with Mexican-style tomato and chilli sauce; Pan-fried cavolo nero with soft-boiled egg
Google launches 'Contributor' payment service for ad-free internet browsing
When is a wine made in Piedmont not a Piemonte wine? When EU rules make Italian vineyards invisible
Tinder dating app being used more and more by middle-aged mums and dads
Rochester by-election: Ukip gains second MP as Tory defector Mark Reckless holds seat
'Beast of Bolsover' Dennis Skinner takes Ukip MP Mark Reckless to task moments after he is sworn in
Rochester by-election: Labour MP Emily Thornberry resigns after posting white van and England flags tweet
France 'blocks' Russian sailors from boarding a warship
Rochester aftermath: Sacking of Emily Thornberry will make work of Labour MPs '10 times harder'
Revealed: How the world gets rich – from privatising British public services
- 1 To help fuel their propaganda machine against the poor, our government has now decided to redefine the word 'welfare'
- 2 Tower Bridge glass walkway 'smashed' by night-time visitor dropping bottle of beer
- 3 Anti-gay hate preacher accidentally tweets 4,000 followers cartoon clip of him 'confessing' to be a 'homosexual sodomite'
- 4 Woman opens professional cuddling shop – gets 10,000 customers in first week
- 5 Grayson Perry: London needs affordable housing because 'rich people don't create culture'
iJobs Gadgets & Tech
£45000 - £65000 per annum: Recruitment Genius: This is a fantastic opportunity...
£20000 per annum: Recruitment Genius: A Customer Service Executive is required...
£37000 - £39000 per annum + benefits: Ashdown Group: SQL Database Administrato...
£26000 - £32000 per annum: Recruitment Genius: Expanding creative studio requi...