17 USC 512(f) Is Dead–Lenz v. Universal Music
28 01 2013By Eric Goldman
Lenz v. Universal Music Corp., 5:07-cv-03783-JF (N.D. Cal. Jan. 24, 2013).
This is the long-running case involving a YouTube video of a baby dancing to a Prince song. Universal Music overzealously took the video down for 6 weeks in 2007 via a 512(c)(3) notice. The video now has 1.2M+ views, so it’s since become a cultural icon. The video has spawned 6 years of litigation over Universal’s wrongful takedown notice–litigation that is going nowhere fast and unfortunately will yield nothing useful when it’s done.
Judge Fogel rejected the summary judgment motions of both parties, sending this case to trial on Universal’s scienter when sending the takedown notice. Judge Fogel summarizes the permissible arguments each party can make:
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