Stephanie Lenz is a tough woman. Not content with merely getting Universal to retract its unnecessary takedown notice over a YouTube video she uploaded, she went ahead and sued the, for it too.
Last month saw Universal Music, which had issued the DMCA notice over 30 seconds of a Prince song playing in the background of a baby dancing, claim that “fair use is infringing”.
Now, as discussed here by Sherwin Siy of Public Knowledge, the judge in the case has refused to dismiss her lawsuit, essentially backing her claims that the clip was fair use, and should have been left alone.
Of Dancing Babies and Overzealous Takedowns: When “fair use is hard!” doesn’t cut it
Yesterday, a federal district court in San Jose refused to dismiss a suit brought
against Universal Music for improperly demanding that YouTube remove a
home video from its site.
In this case, Stephanie
Lenz was sent a takedown notice for posting a home
video
on YouTube. Lenz had made a video of her toddler stumbling through her
kitchen, then hearing and bobbing to Prince’s
“Let’s Go Crazy,” which
was playing tinnily in the background on a countertop stereo.
Despite
the obvious fair use of the work, Universal sent a takedown notice to
YouTube anyway. YouTube took the video down and notified Lenz that she
had been accused of infringing copyright. After Lenz consulted a lawyer
and issued a counter-notice, the video was put up again some six weeks
later. After this, Lenz sued Universal.
Continue Reading…