Monday, July 06, 2015

"Dancing Baby Case": do copyright owners have to consider Fair Use before issuing DMCA takedowns through service providers?

Electronic Frontier Foundation reports that it is defending an Internet user against a baseless DMCA takedown request based a copyright claim that should have been covered by Fair Use. The EFF story is here .  EFF reports that there will be a hearing before the Ninth Circuit on Tuesday July 7.
Copyright owners have to make reasonable accommodation to fair use, which includes mixing and mashups, before making service providers like YouTube to perform a DMCA takedown.
The case at hand is Lenz v. Universal.  The Lenz family in San Francisco posted a 29-second video of its child dancing to a Prince song “Let’s Go Crazy”.  Universal incorrectly claimed that the occurrence of the Prince song in the background is copyright infringement.
I generally don’t make videos with disco music or pop music in the background for this reason, although some outdoor political demonstrations might also mix popular music.
The link for the “dancing baby case” is here.   

The music in the background is of low quality.

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