Video with dancing girl on YouTube legally recognized

After five (!) Years of litigation the Court of Appeals for the Ninth Circuit United States admitted that the studio Universal Music violated the law DMCA , by sending a request to YouTube to remove a 30-second video with a girl named Stephanie Lentz (Stephanie Lenz), who dances in the kitchen to the music of Prince. The court ruled that Universal Music has not considered the principle of "fair use» (fair use).

Quite surprisingly, the amateur video of 2007 was the subject of the proceedings so long, especially as the background music, and there is almost dismantled. During legal litigation Little Stephanie went to school, and perhaps to learn how to read the court documents in his case.

But this trial was important. The key question is how the studio was Universal Music to consider the principle of "fair use» to how to submit a request to delete the video.

Section 512 (f) DMCA law states that the sender DMCA-demand content removal can be held liable for damages associated with the removal of the content by mistake (misrepresentations), including to compensate the legal costs and the cost of a lawyer. But historically this section of the law was not applied. Mainly, because the previous court verdict in the case of Lenz in favor of Universal Music.

Now the Court of Appeal corrected the decision of the lower court so that section 512 (f) again, should be taken into account holders that carry automatic "blanket mailing" with thousands of links to removal.

However, the appellate court decision accepted with the proviso that the automated distribution requirements in themselves do not violate the DMCA. But if it ignored the principle of fair use, the right holder will have to offset the costs.

Electronic Frontier Foundation приветствовал an important victory in the "Lenz vs. Universal».

Source: geektimes.ru/post/262468/