Universal orders takedown of dancing baby video because one of their songs was playing in the background

// October 11th, 2012 // Internet

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Electronic Frontier Foundation (EFF) logoEFF has a big case this week in San Jose, California. The problem began in 2007 when Stephanie Lenz posted a video on YouTube. In the 29-second clip, Lenz’s young son is dancing in the kitchen to the tune of “Let’s Go Crazy” which is playing on a stereo in the background. Universal Music Publishing found out and claiming the video violated copyright law, ordered it to be removed from YouTube. The “old” YouTube (their policies have since changed) complied and removed the video with little or no argument.

With the help of EFF (Electronic Frontier Foundation), Lenz fought back filing a lawsuit in the court to “hold Universal accountable to YouTube to take down her fair use”. According to EFF, on Tuesday, October 16, 2012 at 3:00 PM:

“EFF Intellectual Property Director Corynne McSherry will ask the court to grant Lenz’s motion for summary judgment in this case and rule that Universal’s takedown was improper and an abuse of the Digital Millennium Copyright Act (DMCA). Parents are allowed to document and share moments of their children’s lives on a forum like YouTube, and they shouldn’t have to worry if those moments happen to include some background music. Content companies need to be held accountable when their heavy-handed tactics squash fair use rights. We hope the judge gives Ms. Lenz the closure she deserves, and shows content owners they can’t trample over users’ rights.”

The Lenz v. Universal case will be heard 10/16/12 at:

United States District Court, Northern District of California
Courtroom 3, 5th Floor
280 South 1st Street
San Jose, CA 95113

Sources: EFF

 

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