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Thread started 03/01/10 3:56pm

mitchturb

Baby Video wins lawsuit against Universal Music (Prince)

http://www.reuters.com/ar...nologyNews

Cute baby video wins battle against music label
Eriq Gardner
Mon Mar 1, 2010 8:48am EST

LOS ANGELES (Hollywood Reporter) - How much should a copyright owner pay for improperly telling a website to remove content?

Stephanie Lenz got into trouble with Universal Music Group in 2007 after she posted a YouTube video of her toddler dancing to the Prince song "Let's Go Crazy." The label fired off a letter demanding removal of the clip and YouTube complied.

Lenz then teamed with online free-speech advocates at the Electronic Frontier Foundation to get a judge to declare that her video was a "fair use" of the song. She then sought damages against Universal, the world's biggest record company, for sending a meritless takedown request.

Universal fought back by raising affirmative defenses that Lenz had bad faith and unclean hands in pursuing damages. Now a California district court judge has rejected those arguments, granting partial summary judgment to Lenz and paving the way for Lenz to collect attorneys fees.

The case is important because it raises the question of whether a media company can be held liable for pursuing a takedown without a full consideration of fair use. The decision by the court last Thursday is very technical and examines damage claims under a statutory code that deals with liability when misrepresentations are made about infringing works online.

A preliminary read on the decision indicates that Lenz can recover legal fees associated with fighting the takedown, but not necessarily fees connected with the cost of pursuing Universal for damages in follow-up litigation. To really sock it to Universal, Lenz would have to make a claim under a code that awards fees at the court's discretion. To do that, she will likely need to show that Universal knowingly misrepresented its initial claim.
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Reply #1 posted 03/01/10 4:06pm

2the9s

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Reply #2 posted 03/01/10 4:21pm

Vendetta1

clapping
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Reply #3 posted 03/01/10 4:27pm

DesireeNevermi
nd

mitchturb said:

http://www.reuters.com/article/idUSTRE6200QZ20100301?type=technologyNews

Cute baby video wins battle against music label
Eriq Gardner
Mon Mar 1, 2010 8:48am EST

LOS ANGELES (Hollywood Reporter) - How much should a copyright owner pay for improperly telling a website to remove content?

Stephanie Lenz got into trouble with Universal Music Group in 2007 after she posted a YouTube video of her toddler dancing to the Prince song "Let's Go Crazy." The label fired off a letter demanding removal of the clip and YouTube complied.

Lenz then teamed with online free-speech advocates at the Electronic Frontier Foundation to get a judge to declare that her video was a "fair use" of the song. She then sought damages against Universal, the world's biggest record company, for sending a meritless takedown request.

Universal fought back by raising affirmative defenses that Lenz had bad faith and unclean hands in pursuing damages. Now a California district court judge has rejected those arguments, granting partial summary judgment to Lenz and paving the way for Lenz to collect attorneys fees.

The case is important because it raises the question of whether a media company can be held liable for pursuing a takedown without a full consideration of fair use. The decision by the court last Thursday is very technical and examines damage claims under a statutory code that deals with liability when misrepresentations are made about infringing works online.

A preliminary read on the decision indicates that Lenz can recover legal fees associated with fighting the takedown, but not necessarily fees connected with the cost of pursuing Universal for damages in follow-up litigation. To really sock it to Universal, Lenz would have to make a claim under a code that awards fees at the court's discretion. To do that, she will likely need to show that Universal knowingly misrepresented its initial claim.




sad damn...i so wanted that baby to get paid!
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Reply #4 posted 03/01/10 4:44pm

garganta

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Reply #5 posted 03/01/10 5:17pm

Paris9748430

JERKIN' EVERYTHING IN SIGHT!!!!!
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Reply #6 posted 03/01/10 7:09pm

psychodelicide

avatar

garganta said:



falloff That gif has always made me laugh. I see you copied it from when I posted it on a different thread. thumbs up! smile
RIP, Prince. A legend has left us, and you will be forever missed. cry

"She probably found her vagina". lol
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Reply #7 posted 03/01/10 7:42pm

sosgemini

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Space for sale...
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Reply #8 posted 03/01/10 7:46pm

Gonzalo1979

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that cartoon is fucking racist Prince is not that skin color, his lower lip is much thinner, his nose is not so negroid. Also Prince has a beautiful profile (look at the cover of The Hits/The B Sides 3-cd set) he has a good chin, that cartoon needs a chin implant. That cartoon looks like a 100% black dude not a multiracial man like Prince, i think they matched Michael Jackson's 1982 skin color.
[Edited 3/1/10 19:47pm]
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Reply #9 posted 03/01/10 7:50pm

Brofie

avatar

Gonzalo1979 said:

that cartoon is fucking racist Prince is not that skin color, his lower lip is much thinner, his nose is not so negroid. Also Prince has a beautiful profile (look at the cover of The Hits/The B Sides 3-cd set) he has a good chin, that cartoon needs a chin implant. That cartoon looks like a 100% black dude not a multiracial man like Prince, i think they matched Michael Jackson's 1982 skin color.
[Edited 3/1/10 19:47pm]


Funny - this post is more racist than the cartoon... eek
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Reply #10 posted 03/01/10 7:51pm

Brofie

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DesireeNevermind said:

mitchturb said:

http://www.reuters.com/article/idUSTRE6200QZ20100301?type=technologyNews

Cute baby video wins battle against music label
Eriq Gardner
Mon Mar 1, 2010 8:48am EST

LOS ANGELES (Hollywood Reporter) - How much should a copyright owner pay for improperly telling a website to remove content?

Stephanie Lenz got into trouble with Universal Music Group in 2007 after she posted a YouTube video of her toddler dancing to the Prince song "Let's Go Crazy." The label fired off a letter demanding removal of the clip and YouTube complied.

Lenz then teamed with online free-speech advocates at the Electronic Frontier Foundation to get a judge to declare that her video was a "fair use" of the song. She then sought damages against Universal, the world's biggest record company, for sending a meritless takedown request.

Universal fought back by raising affirmative defenses that Lenz had bad faith and unclean hands in pursuing damages. Now a California district court judge has rejected those arguments, granting partial summary judgment to Lenz and paving the way for Lenz to collect attorneys fees.

The case is important because it raises the question of whether a media company can be held liable for pursuing a takedown without a full consideration of fair use. The decision by the court last Thursday is very technical and examines damage claims under a statutory code that deals with liability when misrepresentations are made about infringing works online.

A preliminary read on the decision indicates that Lenz can recover legal fees associated with fighting the takedown, but not necessarily fees connected with the cost of pursuing Universal for damages in follow-up litigation. To really sock it to Universal, Lenz would have to make a claim under a code that awards fees at the court's discretion. To do that, she will likely need to show that Universal knowingly misrepresented its initial claim.




sad damn...i so wanted that baby to get paid!

The woman and her baby dont deserve anything.
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Reply #11 posted 03/01/10 7:53pm

Vendetta1

Gonzalo1979 said:

that cartoon is fucking racist Prince is not that skin color, his lower lip is much thinner, his nose is not so negroid. Also Prince has a beautiful profile (look at the cover of The Hits/The B Sides 3-cd set) he has a good chin, that cartoon needs a chin implant. That cartoon looks like a 100% black dude not a multiracial man like Prince, i think they matched Michael Jackson's 1982 skin color.
[Edited 3/1/10 19:47pm]
Prince is a black man. You guys meed to get the fuck over it.
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Reply #12 posted 03/01/10 8:27pm

jthad1129

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woot! woot! woot! woot! woot! woot!
---------------------------------
rainbow Funny and charming as usual
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Reply #13 posted 03/01/10 8:34pm

squirrelgrease

avatar

Brofie said:

Gonzalo1979 said:

that cartoon is fucking racist Prince is not that skin color, his lower lip is much thinner, his nose is not so negroid. Also Prince has a beautiful profile (look at the cover of The Hits/The B Sides 3-cd set) he has a good chin, that cartoon needs a chin implant. That cartoon looks like a 100% black dude not a multiracial man like Prince, i think they matched Michael Jackson's 1982 skin color.
[Edited 3/1/10 19:47pm]


Funny - this post is more racist than the cartoon... eek


Absolutely.
If prince.org were to be made idiot proof, someone would just invent a better idiot.
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Reply #14 posted 03/01/10 8:48pm

squirrelgrease

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Back to the topic at hand...

This is very unsettling to say the least. Prince losing this case sets a precedent now for absolute anarchy and the destruction of capitalism. I think I speak for everyone when I say that 99.9% of all illegal music downloads come from low-resolution, minimum bit-rate rips of background music while parents talk and babies giggle on an uploaded YouTube video.
If prince.org were to be made idiot proof, someone would just invent a better idiot.
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Reply #15 posted 03/01/10 8:57pm

paisleypark4

avatar

Brofie said:

Gonzalo1979 said:

that cartoon is fucking racist Prince is not that skin color, his lower lip is much thinner, his nose is not so negroid. Also Prince has a beautiful profile (look at the cover of The Hits/The B Sides 3-cd set) he has a good chin, that cartoon needs a chin implant. That cartoon looks like a 100% black dude not a multiracial man like Prince, i think they matched Michael Jackson's 1982 skin color.
[Edited 3/1/10 19:47pm]


Funny - this post is more racist than the cartoon... eek



I know right...
Download all the shit hop that you can for your kids, neices, nephews, and their friends also. That will prevent them from going out and buying it and will prevent some shit hop sales. Every little bit helps - Andy
http://www.soundclick.com/bands/pagemus
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Reply #16 posted 03/01/10 9:08pm

lastdecember

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On a side note this has nothing to do with Prince, WB pulls down everything associated with its acts depending on what is being done with the music. Case in point an a-ha fan made a tribute video for them and their 25th anniversary tour and used a track from their second album called "Soft Rains of April" and posted it on YouTUbe the video lasted about a month and is now been removed by WB music, the band had NOTHING to do with removing it , and PRINCE had nothing to do with this either, no control.

"We went where our music was appreciated, and that was everywhere but the USA, we knew we had fans, but there is only so much of the world you can play at once" Magne F
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Reply #17 posted 03/01/10 9:13pm

Sdldawn

Brofie said:

Gonzalo1979 said:

that cartoon is fucking racist Prince is not that skin color, his lower lip is much thinner, his nose is not so negroid. Also Prince has a beautiful profile (look at the cover of The Hits/The B Sides 3-cd set) he has a good chin, that cartoon needs a chin implant. That cartoon looks like a 100% black dude not a multiracial man like Prince, i think they matched Michael Jackson's 1982 skin color.
[Edited 3/1/10 19:47pm]


Funny - this post is more racist than the cartoon... eek


Co-sign.

geez.
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Reply #18 posted 03/01/10 9:13pm

Paris9748430

lastdecember said:

On a side note this has nothing to do with Prince, WB pulls down everything associated with its acts depending on what is being done with the music. Case in point an a-ha fan made a tribute video for them and their 25th anniversary tour and used a track from their second album called "Soft Rains of April" and posted it on YouTUbe the video lasted about a month and is now been removed by WB music, the band had NOTHING to do with removing it , and PRINCE had nothing to do with this either, no control.



A lot of the Prince videos that are being removed say it's at the request of NPG records.
JERKIN' EVERYTHING IN SIGHT!!!!!
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Reply #19 posted 03/01/10 9:23pm

TheVoid

Gonzalo1979 said:

that cartoon is fucking racist Prince is not that skin color, his lower lip is much thinner, his nose is not so negroid. Also Prince has a beautiful profile (look at the cover of The Hits/The B Sides 3-cd set) he has a good chin, that cartoon needs a chin implant. That cartoon looks like a 100% black dude not a multiracial man like Prince, i think they matched Michael Jackson's 1982 skin color.
[Edited 3/1/10 19:47pm]

Please. He's black.

The cartoon, if anything, is homophobic because it makes Prince look far, far, more hetero than his fey ass really looks. rainbow
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Reply #20 posted 03/01/10 9:25pm

squirrelgrease

avatar

lastdecember said:

On a side note this has nothing to do with Prince, WB pulls down everything associated with its acts depending on what is being done with the music. Case in point an a-ha fan made a tribute video for them and their 25th anniversary tour and used a track from their second album called "Soft Rains of April" and posted it on YouTUbe the video lasted about a month and is now been removed by WB music, the band had NOTHING to do with removing it , and PRINCE had nothing to do with this either, no control.


Not this again. wall
If prince.org were to be made idiot proof, someone would just invent a better idiot.
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Reply #21 posted 03/01/10 9:27pm

squirrelgrease

avatar

Paris9748430 said:

lastdecember said:

On a side note this has nothing to do with Prince, WB pulls down everything associated with its acts depending on what is being done with the music. Case in point an a-ha fan made a tribute video for them and their 25th anniversary tour and used a track from their second album called "Soft Rains of April" and posted it on YouTUbe the video lasted about a month and is now been removed by WB music, the band had NOTHING to do with removing it , and PRINCE had nothing to do with this either, no control.



A lot of the Prince videos that are being removed say it's at the request of NPG records.


Exactly. Christ, it's not hard to figure this shit out.
If prince.org were to be made idiot proof, someone would just invent a better idiot.
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Reply #22 posted 03/01/10 9:28pm

Mars23

Moderator

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moderator

squirrelgrease said:

lastdecember said:

On a side note this has nothing to do with Prince, WB pulls down everything associated with its acts depending on what is being done with the music. Case in point an a-ha fan made a tribute video for them and their 25th anniversary tour and used a track from their second album called "Soft Rains of April" and posted it on YouTUbe the video lasted about a month and is now been removed by WB music, the band had NOTHING to do with removing it , and PRINCE had nothing to do with this either, no control.


Not this again. wall



Should we tell them the video wasn't taken down by WB? I assumed the title would make that clear seeing as the company that removed it is named, but hey, sometimes you gotta go the extra mile.

Did you know Universal was repping Prince and his back catalog?
Studies have shown the ass crack of the average Prince fan to be abnormally large. This explains the ease and frequency of their panties bunching up in it.
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Reply #23 posted 03/01/10 9:29pm

Efan

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I cannot even begin to imagine how shitty a song he's going to inflict on us as a result of this.
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Reply #24 posted 03/01/10 9:33pm

sosgemini

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Efan said:

I cannot even begin to imagine how shitty a song he's going to inflict on us as a result of this.


falloff
Space for sale...
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Reply #25 posted 03/01/10 9:34pm

Mars23

Moderator

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moderator

I think I'll post a video of my dog puking to "Elixir". I fear if I put that disc in, I may join him though.
Studies have shown the ass crack of the average Prince fan to be abnormally large. This explains the ease and frequency of their panties bunching up in it.
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Reply #26 posted 03/01/10 9:40pm

KeithyT

avatar

Brofie said:

Gonzalo1979 said:

that cartoon is fucking racist Prince is not that skin color, his lower lip is much thinner, his nose is not so negroid. Also Prince has a beautiful profile (look at the cover of The Hits/The B Sides 3-cd set) he has a good chin, that cartoon needs a chin implant. That cartoon looks like a 100% black dude not a multiracial man like Prince, i think they matched Michael Jackson's 1982 skin color.
[Edited 3/1/10 19:47pm]


Funny - this post is more racist than the cartoon... eek

lol nice one Brofie.
Just somewhere in the middle,
Not too good and not too bad.
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Reply #27 posted 03/01/10 9:43pm

Hatman

avatar

lastdecember said:

On a side note this has nothing to do with Prince, WB pulls down everything associated with its acts depending on what is being done with the music. Case in point an a-ha fan made a tribute video for them and their 25th anniversary tour and used a track from their second album called "Soft Rains of April" and posted it on YouTUbe the video lasted about a month and is now been removed by WB music, the band had NOTHING to do with removing it , and PRINCE had nothing to do with this either, no control.


I'm sure Prince was behind the a-ha tribute video being pulled down. He probably claimed that it was an unlawful amalgamation of "Soft and Wet", "Purple Rain", and Sometimes it Snown in April"!
Take it - like Clarence said:
"I got a million of them -
all different U know."
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Reply #28 posted 03/01/10 9:48pm

TheVoid

Efan said:

I cannot even begin to imagine how shitty a song he's going to inflict on us as a result of this.

lawd falloff


I remember folks tripping out over PFUNK and it really amount to nothing more than a quickly thrown together Gold Experience b-side of a song. lol
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Reply #29 posted 03/01/10 9:54pm

PositivityNYC

avatar

Gonzalo1979 said:

that cartoon is fucking racist Prince is not that skin color, his lower lip is much thinner, his nose is not so negroid. Also Prince has a beautiful profile (look at the cover of The Hits/The B Sides 3-cd set) he has a good chin, that cartoon needs a chin implant. That cartoon looks like a 100% black dude not a multiracial man like Prince, i think they matched Michael Jackson's 1982 skin color.
[Edited 3/1/10 19:47pm]


a) That animated gif - like Prince - hardly has any color, so, I don't see a problem here lol
Color (or lack thereof) and "race" are not the same thing. Not that any of that should matter in the 21st freakin' century... but, until all the azzholes die off, I guess we're still stuck with that mentality.
- As for Prince's skin color... the dude does tan. Ever see the cover of 1979's "Prince" ? Held an original in your hand; not viewing a lightened reissue or image of it on the 'net? My mom has the 8-Track tape of that album (she won't give it to me mad lol), and he's darker on that cover than in the animated piece -!
Seen the Te Amo Corazon video/pix? Dude looked like he got a little color while shooting that one in Morocco (which is in Africa).

b) FYI: just b/c a person has a darker complexion, it doesn't mean that they're not mixed; there's no set color chart or fractions equation or whatever in the gene pool. And, MJ's heritage isn't 100% black; Choctaw on his father's side, and Cherokee on his mother's (and, from LaToya's lack of color, I wouldn't be surprised if somebody white was in their family tree, too)
- but low blow on the color thing with MJ anyway.. I don't suppose you know anybody suffering with the autoimmune disease of Vitiligo? (it is true he had Vitiligo-- and on top of that, he also had Lupus; both are listed in the autopsy report)

c) That animated gif is from a cartoon caricature. Faces/bodies are ALWAYS exaggerated in caricatures.
Noun: exaggeration by means of often ludicrous distortion of parts or characteristics.
http://lobaton.wordpress....20/sexy-mf Is he the wrong color here, too?
Careful how you answer now; don't wanna offend any Smurfs or Na'vi. wink

d) "his lower lip is much thinner, his nose is not so negroid." You know what you're implying here, right? The more negroid the features, the less [beautiful]... ?
Wait... Negroid? Really? What decade/century is this again? confuse
- And when you speak about Asian folks, do you use 'Mongoloid' ?

e) What in the world is a "good chin" ... is that like having "good hair" -?

f) "that cartoon is fucking racist"
You obviously don't know what 'racist' is.... Or do you?

g) Thank you for reminding me why I hardly come here. thumbs up!
Hag. Muse. Web Goddess. Taurean. Tree Hugger. Poet. Professional Nerd. Geek.
"Resistance is futile." "All shall love me and despair!"
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Forums > Prince: Music and More > Baby Video wins lawsuit against Universal Music (Prince)