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Suit Over Baby Vid with Prince Song Goes Forward

August 29, 2008

Everybody agrees. Stephanie Lenz’ video of her young son with Prince’s “Let’s Go Crazy” playing in the background was a fair use of a copyrighted work. But Universal submitted a DMCA takedown notice on the video and YouTube took it down for a month until Lenz was able to get it restored.


Universal moved (in a 12(b)(6) motion) to dismiss the claim on the theory that fair use is only a defense to a claim of copyright infringement and thus Lenz should not be able to use it offensively. Lenz and her Electronic Frontier Foundation lawyers argued that a fair use is a legitimate use of the work and that copyright holders should have to proactively exclude fair uses from their takedown demands.

Sunday, August 24, 2008
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