Court to media: Careful with takedowns

Cory Bergman August 21st, 2008

A Pennsylvania woman uploaded a 29-second garbled clip to YouTube that featured her toddler dancing to Prince’s “Let’s Go Crazy.” Universal sent YouTube a DMCA takedown order. YouTube yanked it. The woman put it back up and took on representation from the EFF to sue Universal. Now months later, while it’s unlikely the woman will win her lawsuit, a federal judge has ruled that media companies should consider “fair use” before issuing takedown orders. And if they don’t, that could open them up to misrepresentation claims. Wired does a good job explaining it here.

2 Comments Add your own

  • 1. discreet_chaos  |  August 21st, 2008 at 12:36 pm

    Universal must have some wickedly sensitive scanning software because though I’m a big Prince fan, I don’t know that I would’ve recognized the song, if I hadn’t been told in advance.

  • 2. Anonymous  |  August 21st, 2008 at 5:31 pm

    I thought Warners owned that song. When did UNI buy Warners?

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