http://cbs5.com/local/loc...22512.html


Mom Sues Song Publisher Over YouTube Toddler Video

(BCN) SAN FRANCISCO A Pennsylvania mother sued Universal Music Publishing Co. in federal court in San Francisco Tuesday for forcing YouTube to take down her home video of her toddler son dancing to 29 seconds of a Prince song.

Stephanie Lenz's lawsuit accuses Universal Music of sending YouTube an allegedly baseless complaint on June 4 claiming that her video violated the company's copyright to Prince's "Let's Go Crazy."

The complaint resulted in YouTube removing the video from its website for six weeks until Lenz sent the video-sharing Web site a counter-notice demanding reposting, the lawsuit says.

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

The lawsuit contends the brief video is protected by the doctrine of fair use, which allows limited use of copyrighted material for purposes such as commentary and artistic expression.

The 29-second film shows Lenz's 18-month-old son Holden bouncing to the rock star's song and smiling at the camera as he pushes a rolling walker around her kitchen.

Lenz, a writer who lives in the western Pennsylvania town of Gallitzin, recorded the scene with a digital camera in February and posted it on YouTube for her family and friends to see, according to the lawsuit.

The lawsuit seeks a court order barring Universal from filing future copyright claims over the video as well as unspecified financial compensation for Lenz's loss of free speech and her costs in securing the reposting.

Lenz is represented by attorneys from the San Francisco-based Electronic Frontier Foundation, which has a project of protecting online free speech.

EFF attorney Jason Schultz said the lawsuit was filed in the federal court for Northern California because YouTube has headquarters in San Bruno and is now owned by Mountain View-based Google.

Schultz said Lenz claims the background recording of the song was fair use because it was brief, noncommercial personal use and was employed in artistic expression.

"The music is playing in her kitchen. She's just recording her child," the attorney said.

30 seconds and under is considered fair use, isn't it?

this suit might have legs. Great issue. Its obviously fair use and the labels know it.

Would Prince covers be removed? My band is covering Lolita and Guitar and we are filming the gig and would love to post the whole show on Youtube. Hope not...

Good on her , you go girl , sue thier asses for being such joyless sentiment-free robots .

That's ridiculous.

I would imagine that Universal doesn't have a leg to stand on in this case. I hope this is a wakeup call to the industry.

Hate stupid law suits. I really don't think she get any money at all, why because she does not deserve it. She argues that it's for her family and friends to watch, well I'm sure they all seen it.

Gohi said:

Saddly I think they are removed aswell.
[Edited 7/24/07 23:47pm]

Sounds stupid on her part, she won't win.

wlcm2thdwn said:

she actually will win, if she's got the money to keep at it. or if Universal decides that since they're going to lose anyway, they don't want to throw the money at it themselves.

Some crappy single mother whos 23.... why does she spend all her time on Youtube? She needs to be taking care of the kid "Holden " And the law suits stupid, I hope she loses. She doesn't need to argue... Shes not losing anything by having it removed, shell lose more by fighting it.

Sadly, I think Universal was probably driven by Prince in this case...

...and yet Prince gives out his music to millions for free.

booyah said:

you really think so ? i cant imagine him sitting there on Youtube watching a kid dancing to a short clip of one of his songs and being like 'OMG THIS HAS TO GO !!!' lol

Stupid thing to sue over, but she'll win, law is on her side.

I don't think this is driven by Prince - he hasn't given a fuck about his back catalogue for years why would he start now?

If it is driven by him or his P Hounds then he is being a joyless old fart.
[Edited 7/26/07 16:27pm]

Alright! She's got the EFF on her side! I just love those guys!

I hope she wins! Somebody needs to stand up to the bullies on the playground!!