iTWire - Universal Music was wrong about YouTube dancing baby

Universal Music was wrong about YouTube dancing baby

by Davey Winder
Friday, 22 August 2008
Page 2 of 2 Judge Jeremy Fogel ruled that even if Universal was correct in suggesting that fair use only excuses infringement "the fact remains that fair use is a lawful use of a copyright." The DMCA has a clause which allows for those who have been on the wrong end of a bad takedown notice to seek damages. Importantly, the judge ruled that if a copyright owner is accused of acting in bad faith by issuing a notice without proper consideration of fair use is "sufficient to state a misrepresentation claim." Universal seemed content to argue that it would, as a copyright owner, not be able to act rapidly enough against potential infringements if it had to evaluate fair use before issuing a takedown notice. Which rather stinks of shooting first and asking questions later, it seems to me. Luckily, Judge Fogel is that rare breed: a judge who seems to understand modern technology. He denied the motion from Universal to dismiss the damages claim from Stephanie Lenz. Please enable JavaScript in your browser to post your comment! Tags See All Tags DMCA Davey Winder Law Lawsuit Music United States Video YouTube copyright Get stories like this delivered daily - FREE - subscribe now << First page < 1 2 Next page > Last page - Post your comment >>

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