Thursday, June 28, 2018
Dancing Baby settlement protects Fair Use in the US, even as the EU waits on Article 13
Corynne McSherry of Electronic Frontier Foundation reports settlement of the 2007 “Dancing Baby” case, Lenz v. Universal, where Universal had made what seems like a frivolous claim based on the background music.
One of the points was whether Universal should have considered Fair Use before making the takedown notice demand.
The article notes how critical the Safe Harbor provision is for the Internet as we know it today. The piece doesn’t mention how Article 13 of the Copyright Directive in the proposed EU Single Digital Market would negate protection of downstream liability for copyright in Europe.