Dancing child leads to lawsuit

Universal protests child dancing to Prince song

Numerous examples of intellectual property and copyright violations still exist on the internet: bloggers who don't credit photographs; sellers who copy artwork. Just last week I was involved in an effort to remove a piece of art offered for sale. It was a flagrant copy of an original painting that I own. But Universal Music is an example of a copyright holder pushing ownership too far.

So the Electronic Frontier Foundation (EFF) has filed a lawsuit against Universal Music Publishing Group (UMPG), asking a federal court to protect the fair use and free speech rights of a mother who posted an internet video of her toddler dancing to a Prince song. Stephanie Lenz's 29-second recording shows her son bouncing along to "Let's Go Crazy," heard playing in the background. Lenz uploaded the home video to YouTube in February to share it with her family and friends.

In July YouTube informed Lenz it had removed the video from its website after Universal claimed the recording infringed a copyright controlled by the music company. Under federal copyright law, a mere allegation of copyright infringement can result in the removal of content from the internet.

"I was really surprised and angry when I learned my video was removed," said Lenz. "Universal should not be using legal threats to try to prevent people from sharing home videos of their kids with family and friends." "Universal's takedown notice doesn't even pass the laugh test," said EFF Staff Attorney Corynne McSherry. "Copyright holders should be held accountable when they undermine non-infringing, fair uses like this video."

Last May UMPG's parent company, Universal Music Group, sent a baseless copyright takedown demand to YouTube for a video podcast by political blogger Michelle Malkin. That video was quickly reposted after Malkin fought back. "Copyright abuse can shut down online artists, political analysts, or - as in this case - ordinary families who simply want to share snippets of their day-to-day lives," said EFF Staff Attorney Marcia Hofmann. "Universal must stop making groundless infringement claims that trample on fair use and free speech."

The lawsuit asks for a declaratory judgment that Lenz's home video does not infringe any Universal copyright, as well as damages and injunctive relief restraining Universal from bringing further copyright claims in connection with the video. This lawsuit is part of EFF's ongoing work to protect online free speech in the face of bogus copyright claims. EFF is currently working with Stanford's Fair Use Project to develop a set of "best practices" for proper takedowns under the Digital Millennium Copyright Act.

Comments

[AnnieElf]

Bravo for EFF. We are losing our civil rights common sense in a big way. Thank God there are organizations such as EFF to fight back on our behalf.

[tinker]

I applaud the efforts of the EFF - how ridiculous, that a major corporation like Universal could feel so threatened by less than 30 seconds of a family home video! Will it be videos of wedding receptions next?

Thanks for letting us know about this - I guess I'll have to keep the radio turned down next time we make a home video! -_0

[JanePoe (aka Deborah)]

This is outrageous. Thanks for posting, Tara. You continually waken my consciousness .... xx, d

[Christine]

Today I read a newspaper article in Newsday that NYC is rewriting its policy on photographing areas such as Times Square. Depending on tripod setup or length of time people have to pay money and something else, maybe ask for permission to photograph or post images. People are in an uproar because this affects their family blogs. It seems NYC is trying to make it clear that this policy is for professional film and photographers and does not include tourism or news reporting. People and companies need to lighten up.

[Marilyn]

I hadn't heard about this. Thanks for posting about it.

[Colette]

This whole fiasco is stupid. Universal should know better; shame on them. Have they nothing better to do than pounce on every little nothing and turn it into something....laughable? I hope things turn around to bite them and any of their ilk.

[A Fanciful Twist]

Oh My goodness!!! Oh My goodness!!! I am so afraid of copyright stuff.. Especially now that I am into collage.. It is all sooo scary!!!!

[Christine]

Thanks for posting this. I am constantly lecturing my students on copyright and piracy issues and they always scoff at me. This is a great example for the classroom. The Digital Millenium Act can even block reporting and criticism; I can't believe this was passed. Another act I don't like is the Sony Bono one where it will take 2 generations for things to become fair use. It is really out of control.

[Derikic]

Thanks for bringing this story to my notice. A sad reflection of our times.

[Tammy]

Some people take ridiculous to new heights!

XXOO

[Frida]

Thanks for the interesting post Tara - I had a conversation about this just yesterday. I like the attorney's reference to the "laugh test". Problem is, we don't all have the same sense of the ridiculous, I guess.

[Ian]

What an interesting post, thanks for sharing.

Ian

PS - I love your blog and will add it to my blogroll. Thanks!