Universal Music was wrong about YouTube dancing baby

Davey Winder
Friday, 22 August 2008 02:22

IT Policy - Regulation

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.