EFF And Mom Sue Universal for Removing YouTube Video

YouTube cut content deals with Universal Music Group, Sony/BMG, and CBS that require YouTube to remove "unauthorized" content using filters. But apparently, videos that use copyrighted songs in ways that seem to constitute "fair use" are being pulled from the site too as part of the dragnet.

A mother who had uploaded a video of her toddler dancing to Prince's "Let's Go Crazy" only to see it deleted by YouTube has filed suit (in conjunction with the Electronic Freedom Foundation) against Universal Music Group.

From the EFF's press release,

Stephanie Lenz's 29-second recording shows her son bouncing along tothe Prince song "Let's Go Crazy," which is heard playing in thebackground... last month, YouTube informed Lenz that it had removed the videofrom its website after Universal claimed that the recording infringed acopyright controlled by the music company. Under federal copyright law,
a mere allegation of copyright infringement can result in the removalof content from the Internet.

"I was really surprised and angry when I learned my video wasremoved," said Lenz. "Universal should not be using legal threats totry to prevent people from sharing home videos of their kids withfamily and friends."

"Universal's takedown notice doesn't even pass the laugh test," saidEFF Staff Attorney Corynne McSherry. "Copyright holders should be heldaccountable when they undermine non-infringing, fair uses like thisvideo."

Last May, UMPG's parent company, Universal Music Group, sent abaseless copyright takedown demand to YouTube for a video podcast bypolitical blogger Michelle Malkin. That video was quickly repostedafter Malkin fought back.

"Copyright abuse can shut down online artists, political analysts,
or -- as in this case -- ordinary families who simply want to sharesnippets of their day-to-day lives," said EFF Staff Attorney MarciaHofmann. "Universal must stop making groundless infringement claimsthat trample on fair use and free speech."