Copyright Lawsuits
 Custom Search Video copyright lawsuits are in the gray area of legal understanding. If regular copyrights are not always black and white, imagine the challenge of video medias. The question arises on what is copyright fair use. Consider this example of a copyright lawsuit, a modern day Davina and Goliath. Unlike the Napster lawsuits where the guilty had effectually stolen the works, this story has a twist. The law was on the Davina's side. How does such a law suit work? Universal Music v. Lenz Copyright Lawsuit Here is how it works. Some massive corporation (Universal Music) sends a letter to YouTube about some unsuspecting mom (Stephanie Lenz) who used the music of Prince with a video of her son, who just happens to be a baby. Evidentially she posted a video of her toddler son on YouTube (February 2007). The video was a 29 seconds in length. The toddler Lenz's was dancing to the recording of Prince's "Let's Go Crazy." YouTube was sent the DMCA notice to cease and desist (which means take it down from viewing right now, do not pass Go, do not collect 2OO dollars). (By the way, I can use the Do Not Pass Go Parker Brothers verbage because it is either an editorial view or satirical commentary depending on my mood when you ask me.) Here is where it gets interesting. Momma Lenx sent a letter back to YouTube. In legal terms it is called a counter-notification (It cited 17 U.S.C. § 512(f) for you legal eagles out there) stating that she indeed did not knowingly violate the copyright. She also asked for damages and the cost of attorneys fees. Round One The usual first motion is to ask the judge to dismiss on this and that grounds. In this case, the judge did dismiss the complaint. Only thing, he granted Momma Lenz the right to amend. This was the judges saying to Universal that they were right and momma was wrong but, since she is new at being a Davina fighting a Goliath, lets level the playing field and let her get it right. Round Two Momma Lenz comes back with a strong right hook. Lenz filed a second complaint, an amended one. This was on April 18. Universal again moved to dismiss the second amended complaint. The TKO The court denied the motion to dismiss by Universal. The finding was that a copyright owner needs to consider fair use before sending a DMCA takedown notice. In reality, how much damage did this little baby do? How much revenue was lost? What Does It All Mean? This is only the first case. It will still take a few to several cases to create a shift in the way the courts act and react. So till a few more cases are won, do not get too excited about this. That being said, this is exciting. Many artist get hung up on copyright and miss the bigger picture. One artist saw her work in an episode of a popular situation comedy. She protested and now, many directors are scared to feature artist, let alone go through the trouble to even ask. What an incredible opportunity to get her name out there. She instead made a name for herself as someone who ruined it for the rest of us. What will future copyright lawsuits bring? Only time will tell. Trademark Availability Is your domain name trademark free to use. Find out with our search tools now or get a cease and desist later. Internet Copyright Law Education Copyright Basics What to do and where to go. Go to top of Copyright Lawsuits |