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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