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Yahoo! My Yahoo! Mail More Yahoo! Services Account Options New User? Sign Up Sign In Help Yahoo! Search web search Home Singapore Asia Pacific World Business Entertainment Sports Technology Cute baby video wins battle against music label Reuters - Monday, March 1 Send IM Story Print By Eriq Gardner LOS ANGELES - How much should a copyright owner pay for improperly telling a web site 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. Recommend Send IM Story Print Related Articles Cute baby video wins battle against music label Reuters - Monday, March 1 Cyber warriors gather as online battles rage AFP - Monday, March 1 Giant tech fair goes 3D to pull in the punters AFP - Monday, March 1 Palm comeback falling short AFP - Sunday, February 28 How to decline Facebook friends without offense Reuters - Sunday, February 28 News Search Top Stories Crosby show as Canada beat USA in gold thriller World's most powerful atom smasher restarts: CERN No German rescue plan for debt-ridden Greece Debt-hit Greece must step up spending cuts: Juncker British banking faces major makeover More Top Stories » ADVERTISEMENT Most Popular Most Viewed Most Recommended Be of good heart: Happiness helps ward off cardiac disease Vast iceberg could disrupt ocean currents, weather British banking faces major makeover World's most powerful atom smasher restarts: CERN Crosby show as Canada beat USA in gold thriller More Most Viewed » Third-hand smoke also bad for you: study Florida killer whale to stay in park after deadly attack DNA reveals some mystery on King Tut, raises questions Pitt, Jolie sue British paper over split claims Scientists recreate Big Bang heat of 4 tln degrees C More Most Recommended » Elsewhere on Yahoo! Financial news on Yahoo! Finance Stars and latest movies Best travel destinations More on Yahoo! News Home Singapore Asia Pacific World Business Entertainment Sports Technology Subscribe to our news feeds Top StoriesMy Yahoo!RSS » More news feeds | What are news feeds? Also on Yahoo Answers Groups Mail Messenger Mobile Travel Finance Movies Sports Games » All Yahoo! Services Site Highlights Singapore Full Coverage Most Popular Asia Entertainment Photos Copyright © 2010 Yahoo! Southeast Asia Pte. Ltd. (Co. Reg. No. 199700735D). All Rights Reserved. Terms of Service | Privacy Policy | Community | Intellectual Property Rights Policy | Help

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