James Delahunty
1 Mar 2010 9:53
In 2007, Universal Music Group made a stir when it forced YouTube to remove a video of a toddler dancing to Prince's "Let's Go Crazy." YouTube complied with the video removal, leaving mother Stephanie Lenz shocked and angry. Lenz teamed up with the Electronic Frontier Foundation (EFF) to prove that the use of the song in the video constituted fair use.
Lenz and the EFF decided to bring the issue to a judge where they wanted a declaration that the video was "fair use" and was protected under current copyright laws in the United States, and Lenz also sought damages against Universal for the "meritless takedown request". Disputed takedown requests are the subjects of many a rant on YouTube from regular users. In cases, DMCA takedowns have been issued against users as a way to silence them.
Universal didn't want to back down without a fight, saying that Lenz had bad faith and unclean hands in pursuing damages. Unfortunately for Universal, a California district court judge has rejected Universal's assertions and granted partial summary judgment to Lenz. The decision paves the way for Lenz to collect attorneys fees.
If Lenz could show that Universal knowingly misrepresented its initial claim, she could make a claim under a code that awards fees at the court's discretion, but even before that, this decision allows Lens to at least recover legal fees.