San Francisco - On Tuesday, July 7, at 9 am, the Electronic Frontier Foundation (EFF) will urge an appeals court in San Francisco to confirm that Internet users—from Ms. Lenz to remix artists to scholars to documentary filmmakers—have real protection against baseless content takedowns.
Lenz v. Universal is often called the “dancing baby” case. It started in 2007, when Stephanie Lenz posted a 29-second video to YouTube of her children dancing in her kitchen, with the Prince song “Let’s Go Crazy” playing on a stereo in the background. Universal Music Group sent YouTube a notice under the Digital Millennium Copyright Act (DMCA), claiming that the family video infringed the copyright in Prince’s song. EFF sued Universal on Lenz’s behalf, arguing that Universal abused the DMCA by improperly targeting a lawful fair use. In the hearing at the United States Court of Appeals for the Ninth Circuit in San Francisco on Tuesday, EFF Legal Director Corynne McSherry will tell the court that copyright owners must consider fair use before sending a takedown notice, or face legal liability.
Lenz’s video is back on YouTube as this long-running court battle continues, but the issues at stake are very timely. Earlier this month, a British newspaper tried to use a DMCA notice to take down criticism of a story it had published. Additionally, heated political campaigns—like the upcoming presidential primaries—have historically led to a rash of DMCA takedown abuse, as criticism of politicians often include short clips of campaign appearances in order to make their argument to viewers.
Keker & Van Nest LLP serves as co-counsel on the case.
Lenz v. Universal
Tuesday, July 7
United States Court of Appeals for the Ninth Circuit
James R. Browning U.S. Courthouse
Courtroom 3, 3rd Floor Room 307
95 7th Street,
San Francisco, CA 94103
For the “dancing baby” video:
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