Suit Over Baby Vid with Prince Song Goes Forward
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.