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Lenz v. Universal Music Corp.
''Lenz v. Universal Music Corp.'' was a 2007 case in which the US District Court for the Northern District of California ruled that copyright holders must consider fair use before issuing takedown notices for content posted on the internet. Stephanie Lenz posted on YouTube a home video of her children dancing to Prince's song "Let's Go Crazy."〔(Let's Go Crazy YouTube video )〕 Universal Music Corporation (Universal) sent YouTube a takedown notice pursuant to the Digital Millennium Copyright Act (DMCA) claiming that Lenz's video violated their copyright in the "Let's Go Crazy" song. Lenz claimed fair use of the copyrighted material and sued Universal for misrepresentation of a DMCA claim. In a decision rejecting a motion to dismiss the claim, the district court held that Universal must consider fair use when filing a take down notice, but noted that to prevail a plaintiff would need to show bad faith by a rights holder.〔''(Lenz v. Universal Music Corp )'', 572 F. Supp. 2d 1150 (N.D. Cal. 2008).〕
==Facts==
In February 2007, Stephanie Lenz posted on YouTube a twenty-nine second clip of her children dancing to Prince's "Let's Go Crazy." The audio was of poor quality, and the song was audible for approximately twenty seconds of the twenty-nine seconds.〔 In June 2007, Universal, the copyright holder for "Let's Go Crazy", sent YouTube a takedown notice in compliance with DMCA requirements, claiming the video was a copyright violation. YouTube removed the video and notified Lenz of the removal and the alleged infringement. In late June 2007, Lenz sent YouTube a counter-notification, claiming fair use and requesting the video be reposted. Six weeks later, YouTube reposted the video. In July 2007, Lenz sued Universal for misrepresentation under the DMCA and sought a declaration from the court that her use of the copyrighted song was non-infringing.〔( 17 U.S.C. § 512 ), see (f).〕 According to the DMCA 17 U.S.C. § 512(c)(3)(A)(v), the copyright holder must consider whether use of the material was allowed by the copyright owner or the law.〔( 17 U.S.C. § 512 ), see (c)(3)(A)(v).〕
In September 2007, Prince released statements that he intended to "reclaim his art on the internet."〔Reuters, ''(Prince to sue YouTube, eBay over music use )'' (Sep. 13, 2007).〕 In October 2007, Universal released a statement amounting to the fact that Prince and Universal intended to remove all user-generated content involving Prince from the internet as a matter of principle.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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