A lady in Pennsylvania took a grainy video of her son dancing to Prince’s Let’s Go Crazy with her digital camera and posted it onto YouTube so that her family and friends could see it.  About four months later, Universal Music Corporation sent a Digital Millenium Copyright Act (DMCA) notice to take the video down the video.  Well, she wasn’t having it–she sued Universal Music Corp.

The issue in her lawsuit against Universal is whether the owner of the rights to a creative work that’s being used without permission can order the Web host to remove it without first considering whether the infringement was actually a legal fair use — a small or innocuous replication that couldn’t affect the market for the original work.  Clearly the grainy and crappy quality of the video should be a clue to anyone that it was likely fair use.  But Universal and other copyright holders currently don’t need a reasonableness test for fair use *before* sending a DMCA notice.

Now the Electronic Frontier Foundation (EFF) is involved with the case and prepared to take it to the limit one more time (yeah, that was an Eagles reference and it is fair use).  I can’t wait to see the outcome of this case because copyright holders, and others, are abusing the DMCA every day.

1 Comment »

  1. Eagles are awesome!

    #1 by Lauren Easom — July 20, 2008 @ 4:30 am

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