12/29/2023 0 Comments Dmca complaint![]() ![]() Lenz, represented by fair-use advocates the Electronic Freedom Foundation, filed a lawsuit against Universal for damages related to the allegedly improper take-down notice on the grounds that Universal’s employees violated the DMCA when they did not analyze Lenz’s “fair use” of the copyright video when issuing the take-down notice. YouTube took down the video and, later, reposted the video after Lenz filed a DMCA counter-notice, claiming that the take-down was improper. Soon after, Universal Music, the owner of the Prince catalog, filed a Digital DMCA take-down notice alleging that Lenz’s video infringed on Universal’s copyrighted work. When Stephanie Lenz saw her toddler dancing to Prince’s “Let’s Go Crazy,” she grabbed her camera and recorded a 29-second video and posted it on the most popular video-sharing website in the world, YouTube. This decision has potentially far-reaching consequences for copyright owners enforcing their rights on online service providers like YouTube, Facebook, Tumblr, Twitter and more. In likely the “biggest” copyright decision handed down this year, the Ninth Circuit held that copyright owners must consider “fair use” before filing a copyright take-down notice. Sending a false DMCA take-down notice can hold severe penalties, as one copyright owner, Universal Music, may soon find out. However, this has given rise to large and small companies alike sending false take-down notices, without considering factors like whether the alleged infringer’s use is a “fair use” under the Copyright Act. A takedown notice under the Digital Millennium Copyright Act (DMCA) is often a cost-effective way to remove copyright-infringing content on the internet without having to get a court order.
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