Today the Ninth Circuit Court ruled in favor of Stephanie Lenz in a Fair Use case that may have long-reaching consequences.
In 2007, Lenz posted a 29 second video to Youtube of her baby dancing and bouncing to the Prince song “Let’s Go Crazy”. Universal, at the time the owner of the copyright on that song, sent Youtube a request to have it removed since they claimed it violated copyright.
Now, after an extended legal tussle, the 9th circuit has come down with a pro-fair use decision, with Circuit Judge Richard Tallman writing (for the 3-0 panel) that:
“Copyright holders cannot shirk their duty to consider in good faith and prior to sending a takedown notification – whether allegedly infringing material constitutes fair use,”
Copyright holders, following this ruling, may be held much more accountable (and perhaps legally liable) if they do not take fair use into account when issuing take-down orders. It seems that there may be a smaller amount of these orders sent out in the future if this decision holds up.
For more on the ruling and it’s potential implications, read Thomson Reuters review of the case and decision.