Targeting the dancing toddler
You remember our successful battle against Universal Music Group? The record industry giant tried to abuse copyright law to yank a video we put on YouTube criticizing Akon. With the help of the Electronic Freedom Foundation, we asserted fair use, beat back the bogus legal threat, and had the video restored.
Well, UMG is at it again. This time, they’re targeting a mom for posting an innocent little YouTube video clip of her cute kids dancing to Prince’s “Let’s Go Crazy.” Here’s the 29-second video (which has since been reposted as part of the counter-takedown notice process):
EFF reports:
The Electronic Frontier Foundation (EFF) filed suit today against Universal Music Publishing Group (UMPG), asking a federal court to protect the fair use and free speech rights of a mother who posted a short video of her toddler son dancing to a Prince song on the Internet.
Stephanie Lenz’s 29-second recording shows her son bouncing along to the Prince song “Let’s Go Crazy,” which is heard playing in the background. Lenz uploaded the home video to YouTube in February to share it with her family and friends.
But last month, YouTube informed Lenz that it had removed the video from its website after Universal claimed that the recording infringed a copyright controlled by the music company. Under federal copyright law, a mere allegation of copyright infringement can result in the removal of content from the Internet.
“I was really surprised and angry when I learned my video was removed,” said Lenz. “Universal should not be using legal threats to try to prevent people from sharing home videos of their kids with family and friends.”
“Universal’s takedown notice doesn’t even pass the laugh test,” said EFF Staff Attorney Corynne McSherry. “Copyright holders should be held accountable when they undermine non-infringing, fair uses like this video.”
Last May, UMPG’s parent company, Universal Music Group, sent a baseless copyright takedown demand to YouTube for a video podcast by political blogger Michelle Malkin. That video was quickly reposted after Malkin fought back.
“Copyright abuse can shut down online artists, political analysts, or — as in this case — ordinary families who simply want to share snippets of their day-to-day lives,” said EFF Staff Attorney Marcia Hofmann. “Universal must stop making groundless infringement claims that trample on fair use and free speech.”
The lawsuit asks for a declaratory judgment that Lenz’s home video does not infringe any Universal copyright, as well as damages and injunctive relief restraining Universal from bringing further copyright claims in connection with the video.
This lawsuit is part of EFF’s ongoing work to protect online free speech in the face of bogus copyright claims. EFF is currently working with Stanford’s Fair Use Project to develop a set of “best practices” for proper takedowns under the Digital Millennium Copyright Act.
The full complaint is here.
Are the lawyers and p.r. people at UMG missing synapses or what? If they were smart, they’d be promoting this cute baby video, not trying to stifle it. Geez.
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This seems so odd. I’m wondering why Universal Music Group has the right to dispute the use of “Let’s Go Crazy.” While Universal is the label currently distributing Prince’s new album (just distributing, he’s not actually an act on the label), “Let’s Go Crazy” was a product of Prince’s years with Warner Bros. during the 70s, 80s, and 90s. Naturally, since they own the rights to the masters for “Let’s Go Crazy,” one would think it would be up to WB to initiate any copyright cases.
Interesting point, Down. Does UMG even have the standing to make this claim?
And I agree MM. You’d think this would be a great sell-point/promo piece.
Legal and Marketing need to talk more, it sounds like.
Since only a fragment of the song is presented, couldn’t it fall under the whole “fair use” thing that lets rappers get away with inserting snippets of Sting songs into their rhymes?
INSANE!
If you’re referring to Puff Daddy’s dreadful “I’ll Be Missing You” tune built on top of The Police’s “Every Breath You Take”, he didn’t “get away” with anything. Just about every sample, loop and hook used in music these days is cleared and paid for under licensing terms that are pretty favorable to the original artists. Mariah Carey’s “Fantasy” used The Tom-Tom Club’s “Genius of Love” as its hook and I heard they made a fortune off both the use of their recording plus the songwriters royalties. Read the credits on a rap record and they have swaths of 4-pt. type cataloging all the loops and their writers.
Where this stuff gets murky is when such tiny slices are used – as opposed to rapping over lengthy beds like Diddy does – that they are almost unrecognizable. Chuck D of Public Enemy has said that grabbing a guitar chord or two bars of drums shouldn’t count any more than using a I-IV-V chord progression like 99.44% of all bands do.
Because of the crackdown on licensing and clearances, it’s unlikely that we’ll ever get a sonic maelstrom like the Beastie Boys “Paul’s Boutique” again. There are web sites dedicated to cataloging all the snippets that went into what is held as the “Sgt. Pepper’s” of hip-hop music, but under today’s ridiculous intellectual property laws, it couldn’t be done.
There are artists, like Tyree Guyton, who take trash and junk and make new artistic creations from it. If the same laws that strangle music were used against art, Campbell’s soup could’ve shut down Warhol and Mattel could prevent the use of Barbie dolls in form they disapprove of.
As for the video being taken down, it’s just more of what I’ve called the record industry’s “War on Consumers” elsewhere in which they’ve figured that brutalizing and suing their customers will save their sinking ship. No need to serve them a better product; sue the pants off them!!
Excellent analogy and definitely food for thought.
Bann a dancing baby? Are you kidding me?
Are these the same guys who prosecuted Napster several years ago, and who sued all the kids and their parents for downloading?
Big IF.
They surely missed the boat here.
Not even mentioning the quality and the fact it is a tiny 5% of the song.
The ubiquitous ‘trading’ of intellectual property is a problem, but are they so mad at P2P’s and napster’s that they take it out on families?
Wrong target.
This would mean that if you took video of you and friends attending any type of a function where there was music of any kind playing in the background they would try to claim you infringed on their copyright … if you made any home video of anything you would need to be sure all the TVs, radios, stereos, cd players, etc., etc., were turned off while you were filming … no more wedding dances, no video of any show your kids are in if there is music involved, the list would go on forever …
Just another example of the legal profession demonstrating it’s disconnect with reality. I don’t fault the managers at UMG, it’s the idiot lawyers who agreed the the suit had merit that are the fools here.
Where can you find a good lawyer nowadays?
Oh, yeah, in the local cemetary.
The owners of UMG should immediately fire the most senior manager who had any input into the decision to insist the video be pulled. Anyone with half a brain could figure out a way to capitalize on this cute video and use it to promote their products. That the lawyers thought they had a case is irrelevant … it was a (stupid) management decision!
You can barely hear the freaking song in the video! And it’s twenty-nine freaking seconds long! And I’ve seen entire songs (albeit low-quality ones) put on YouTube that haven’t been taken down yet!
the only case I can possibly see is if the mom who made the video was trying to cash in on it.. she’s not, the video is on youtube for all the world to see, for free…
and the music is out there for the masses to enjoy..
short of trying to set up a residual system where you pay a penny every time you listen to a song on your iPod, what more do they want?
makes me want start illegally downloading more songs..
Too bad the lady that posted the video isn’t an illegal alien. Nobody would dare touch her and she’d probably be given an award for fighting the “man”.
I was just about to buy that Prince Album. Now, I am not going to buy it for at least 6 months. Happy now Universal Music? Happy Prince? You idiots, first, you can barely hear the song, two, it is only a small part of the song. UMG, get a new General Counsel, and fire half your lawyers.
absurd thought -
God of the Universe says
we need more lawyers…
.
The whole major-label model for the record industry is dying, thanks in no small part to the internet, and the ability of artists to promote and distribute music online. The major labels have been controlling artists and the music they put out, foisting absolute garbage on the public, while charging ridiculous sums for CD’s that have a handful of decent songs and a lot of filler. Consumers are rebelling through various means (buying and downloading individual songs, and in many well-publicized cases, downloading illegally).
Basically, their business model was based on an internet-less world, and it doesn’t work anymore, and they were way to late to adapt. The gravy train is over, so now they are left to sue, sue, and sue again. While in some cases, they have good legal grounds for doing so, in this case they clearly do not. And in either case, it’s hard to feel any sympathy for the plight of the record companies. In fact, it couldn’t be happening to a more deserving bunch.