Rare Ruling on Damages for Sending Bogus Copyright Takedown Notice–Lenz v. Universal

26 02 2010

By Eric Goldman

Lenz v. Universal Music Corp., 5:07-cv-03783-JF (N.D. Cal. Feb. 25. 2010)

In the lawsuit over the allegedly bogus takedown of a YouTube video of a baby dancing to Prince’s “Let’s Go Crazy” (previous blog coverage), Judge Fogel has defined some standards for computing damages in a 17 USC 512(f) case, which creates a cause of action for sending certain types of bogus copyright takedown notices. I can’t recall another case discussing the damages requirements of a 512(f) claim–the only other definitive 512(f) plaintiff’s win was Online Policy Group v. Diebold (also before Judge Fogel), which settled for $125k before Judge Fogel reached damages. As a result, I believe this is a novel ruling which could have significant implications for future 512(f) cases.


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