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View Full Version : Universal: "Fair use" is still infringing



zatoicchi
22.07.08, 03:40
Stephanie Lenz's YouTube video of her tot dancing to an old Prince song was pulled down at the request of Universal last year after the music label said that the clip infringed on its copyright. Not content with simply having Universal retract its claim, Lenz and the Electronic Frontier Foundation are out to put the squeeze on Universal for issuing a bad-faith DMCA takedown. But Universal told a judge this week that, even though the clip may in fact be "fair use," it was still "infringement" and therefore the initial takedown notice was made in good faith.
The two sides faced off in a San Francisco court before Judge Jeremy Fogel, with Universal arguing that it simply couldn't be held liable for wrongly issuing a DMCA takedown notice (if, in fact, it actually issued a DMCA takedown notice... another point at issue in the case). It did correctly identify the Prince song playing in the background, and the company does control the rights to song; therefore the claim of "infringement" was correct. QED.

Universal: "Fair use" is still infringing (http://arstechnica.com/news.ars/post/20080721-universal-fair-use-is-still-infringing.html)

anon
22.07.08, 18:54
then how the .... do they want their stuff to be used at all? :|

Aurion
22.07.08, 20:49
LOL to pull out some blackmails is something worth a hit tho :biggrin: