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Lenz V. Let's Go Crazy

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In February 7, 2007, Stephanie Lenz posted on YouTube a twenty-nine-second clip of her young son dancing to Prince's song "Let's Go Crazy". The audio was poor quality, and the song was audible for only part of the twenty-nine second video. In June 2007, Universal, the copyright holder for "Let's Go Crazy", sent YouTube a takedown notice claiming the video was a copyright violation. YouTube removed the video and notified Lenz of the removal and the suspected infringement. In 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 went looking for a declaration from the court that her use of the copyrighted song was non-infringing. 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.” In September 2007, Prince released statements that he wanted to reclaim his work on the internet. In October 2007, Universal released a statement that Prince and Universal intended to remove all user generated content. …show more content…

Universal expressed concerns over the intensive investigation and subjective results of determining whether a potentially infringing use falls under the general fair use doctrine. On February 25, 2010, Judge Fogel issued a ruling rejecting several of Universal's affirmative defenses, though the court did suggest that at that stage in the proceedings, Lenz's damages seemed minimal. In January 2013, Judge Fogel denied both parties' motions for immediate

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