Fair Use and DMCA Takedowns: Judge Refuses to Dismiss Case Against Universal
Aug 21, 2008
A U.S. District Court judge has denied Universal Music Group's request to dismiss a lawsuit filed by Stephanie Lenz, the Pennsylvania woman who posted a video last year of her toddler dancing to Prince's "Let's Go Crazy" song on YouTube.
For those of you not following the dancing toddler case, here's a quick recap:
Universal Music had Lenz's video removed from YouTube after filing a Digital Millennium Copyright Act takedown notice accusing her of copyright violations. Lenz filed a counter-notice, asserting that the video was protected under fair use and demanding that it be reposted to YouTube. It was. With the help of the Electronic Frontier Foundation, she then sued Universal for misrepresentation. Which, roughly, brings us to yesterday's ruling.
The judge acknowledged that he has "considerable doubt that Lenz will be able to prove that Universal acted with the subjective bad faith required" by legal precedent. However, EFF staff attorney Corynne McSherry called his decision not to dismiss the case "a major victory for free speech and fair use on the Internet...[that] will help protect everyone who creates content for the Web."
As for Universal Music, Wired News quoted Universal spokesman Peter Lofrumento, who said they "remain confident that [they] will prevail in this matter."
Tags:
copyright, DMCA, Electronic Frontier Foundation, fair use, takedown, Universal, YouTube
