AfterDawn: News

Woman takes on Prince over DMCA takedown

A Pennsylvania woman, with the help of the Electronic Frontier Foundation (EFF), is taking Prince to court over his alleged involvement in a DMCA takedown request earlier this year. Although Stephanie Lenz was successful in getting the video restored to YouTube, EFF staff attorney Corinne McSherry said the purpose of the suit is "To keep them from abusing [the DMCA]."

The original takedown request was for a video Lenz posted on YouTube showing her 18 month old son dancing to a Prince song. The clip is a mere 29 seconds long, and the music is barely distinguishable in the background. After the video had been available on YouTube for a couple of months, the viral video company received a DMCA takedown notice from Universal Music Group (UMG) stating that the video was in violation of their copyright. The video was removed until the EFF helped Lenz file her suit against Prince and a counter-takedown notice with YouTube, which eventually resulted in the video being restored.



According to company sources, Prince was very involved with the original takedown notice. They say he personally contacted UMG to have them file the notice. Prince has also recently hired a firm to police the internet for anything that infringes on his intellectual property.

The suit claims that the clip is clearly fair use, and since that was clear when the takedown request was made Prince should be punished. "You'd be hard pressed to find a better example of fair use," said EFF's McSherry. "It's entirely non-commercial. It's just a little snippet. And in fact, you can barely hear the Prince song in the background. It's just what her baby happens to dance to."

Lenz has said of the incident in the past, "At first it frightened me, because I saw who had filed the takedown notice. It was Universal Music Publishing Group, and I was afraid that ... they might come after me. ... And the more afraid I got, the angrier I got. ... I was afraid that the recording industry might come after me the way they've come after other people for downloading music or file sharing. I thought even though I didn't do anything wrong that they might want to file some kind of suit against me, take my house, come after me."

"And I didn't like feeling afraid,'' she continued. "I didn't like feeling that I could get in trouble for something as simple as posting a home video for my friends and family to see."

Sources:
The Register
ABC News

Written by: Rich Fiscus @ 30 Oct 2007 10:11

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• 29 comments

• catfreak

  Good for you, Stephanie! It's about time some of these people fought back against these morons . . .
  
  Prince, shame on you, you cheap greedy SOB
  
  and besides, your music sucks!

  30.10.2007 11:27 #1

• emugamer

  Good for her. Enough abuse of the DCMA. Enough of the DCMA. The amount of fear it instills is sickening. Especially over such nonsense. I don't like frivolous lawsuits, but wouldn't really call this frivolous. She's fighting back for being abused. I really hope she gets a big settlement from Prince, and then uses that money to help continue fighting DCMA abuse.
  
  Prince should try to educate himself on what his rights are for his "intellectual" property.

  30.10.2007 11:59 #2

• BludRayne

  EFF-YOU Prince and UMG! Prince hasn't had a good song since the 80's.

  30.10.2007 12:24 #3

• ville30

  Originally posted by BludRayne: EFF-YOU Prince and UMG! Prince hasn't had a good song since the 80's.And 80's music sux.

  30.10.2007 12:42 #4

• c1c

  It seems that all these copyright issues lately have to do with women?
  
  Are they going to sue bands that play cover songs now?

  30.10.2007 12:50 #5

• pryme_H

  Even your poor taste in music can now land you to court. LOL!

  30.10.2007 13:05 #6

• windsong

  Quote:And 80's music sux.This, from a 12 year old.

  30.10.2007 13:53 #7

• Chomp

  Does anyone have a link to the YouTube video >_>

  30.10.2007 14:09 #8

• DVDdoug

  Quote:Are they going to sue bands that play cover songs now?
  Yes! This is nothing new. If you record and publish a "cover", you must get permission and pay a royalty. (This has been the case long before MP3s, YouTube, or the DMCA.)
  
  If you play live, the venue is supposed to pay a license fee to ASCAP. So, the band (or DJ) is usually safe. Take a look at this story.

  30.10.2007 15:21 #9

• 21Q

  I find it odd that Prince would have done that. He did release his new cd for free in the news paper. He is a good person so it just doesn't make sense. i bet more light will come to this case.

  30.10.2007 16:39 #10

• Kerpalguy

  Next they'll install bugs in your bathroom to catch you singing copyrighted tunes in the shower. This is getting absurd.

  30.10.2007 18:02 #11

• ShoeBark

  Originally posted by Kerpalguy: Next they'll install bugs in your bathroom to catch you singing copyrighted tunes in the shower. This is getting absurd.Exactly, or take down your MySPace for having a lyric from a copywritten song posted as your tagline. Get over it, cry-babies.
  
  If I was Prince, I'd think it was cute and good to my image to have a baby dancing around to my music.
  
  I hope she wins something--anything.

  30.10.2007 18:31 #12

• cleverick

  Shame on you Mr. Black Sweat, shame on you!!!

  30.10.2007 18:51 #13

• MckinneR

  first thing first his "intellectual" property" is just that. His, If he wants to make an issuse of the music he creates he should have that right to do so....this is America, As long as prince has been putting out "music" and making Music, He should be able to protect it, Artist like him & others that make good music should make an issuse of things like this and to who ever said that 80 music sux?......Let me guess you are probaly big on "hip hop" which is basically made of clips and samples of GREAT 80's, 90's & 70's music, Truth be told that was the 80's was the last time that real music was done.

  30.10.2007 20:48 #14

• domie

  Originally posted by 21Q: I find it odd that Prince would have done that.I don't find it's odd at all..the purple pain is a seriously psychologically disturbed individual, so self obsessed and with his head so far up his own skinny wart-ridden ass, he hasn't seen the light of day for decades.This is just the type of stupid stunt he would pull when he goes into one of his "me vs the world" rages fuelled by his deep insecurity and complexes which stem from him being a three foot tall mummified dead pygmy dwarf with bling jewellery and chest wig.

  30.10.2007 21:17 #15

• M4DHATT3R

  Quote:
  I don't find it's odd at all..the purple pain is a seriously psychologically disturbed individual, so self obsessed and with his head so far up his own skinny wart-ridden ass, he hasn't seen the light of day for decades.This is just the type of stupid stunt he would pull when he goes into one of his "me vs the world" rages fuelled by his deep insecurity and complexes which stem from him being a three foot tall mummified dead pygmy dwarf with bling jewellery and chest wig.This gave me the side-splitting laugh I had been seeking all day. Thank you very much!!!

  30.10.2007 21:44 #16

• edsrouter

  This whole copyright reform brigade has been led pretty solidly by women. Good job ladies.

  31.10.2007 00:24 #17

• riphack

  Haven't seen video, I think most of his music it TOTAL JUNK.
  He should be happy that at lest one person likes it.
  I would even pay him never to make any more of that junk.
  When that kid grows up he will join the rest of us and realise that dancing to that junk was probably a big mistake, he will never want to go out in public again.

  31.10.2007 04:18 #18

• Kerpalguy

  Originally posted by MckinneR: first thing first his "intellectual" property" is just that. His, If he wants to make an issuse of the music he creates he should have that right to do so....this is America, As long as prince has been putting out "music" and making Music, He should be able to protect it, Artist like him & others that make good music should make an issuse of things like this and to who ever said that 80 music sux?......Let me guess you are probaly big on "hip hop" which is basically made of clips and samples of GREAT 80's, 90's & 70's music, Truth be told that was the 80's was the last time that real music was done.You're not serious, are you? A little kid, jumping up and down for mommies video camera, with 29 seconds of a Prince song in the background - with poor audio at that. Please explain to me exactly what damage has been done to Prince and the so called industry, in this particular instance, to warrant personally threatening law suits.

  31.10.2007 18:00 #19

• duke8888

  I guess you can say Prince pissed Purple rain on them LOL.

  31.10.2007 18:58 #20

• Jlhfit

  That is great!!! See this what we as a whole need to start doing.. If "the man" wants to control what we do with frivolous lawsuits and cheap bullsh*t attacks, then fight them with their own tactics, start civil sueing the hell out of everyone from the Government down to the Entertainers themselves. Its starting to get a bit ridiculous!
  It seems the only way to get attention and to combat this growing problem is to fight back with their own weapons.
  I was raised in a patriotic family,dedicated to the U.S. Most of my family severed in the Corp. Army or Navy. I served in the Army. My uncles served in Vietnam, Grandfather in Korea, great grandfather in world war II.. I use to believe in doing what I was told without question, until I started to get smart and realize that the more we allow "the man above", man being the government, to control our every move than we are no better than them themselves.. It starts with stopping you from downloading music, movies and crap that people make billions and billions of dollars a year off. Next they will try regulating when you eat,sleep, and take a sh*t... Oh my bad, they already do! When will people wake up and stop allowing this country to become the sh*t hole it is becoming. I pay f*cking taxes for a purpose...to fill the pockets of fat politicans that cant even find the on switch on a computer and to pay for them to have sex with little boys from Mexico.
  Anyway I know some will not agree to my approach and will say I am full of crap, some will say I dont know what the hell I am talking about and that I am an idiot with alot of hot air.But you know what.. I really dont give a crap what you think because all this shows me and anyone that agrees with me, is that really you are an incompetent little puppet that hasnt figured out that he really wants to be a real boy/girl.....People all I am trying to say is, why do we allow ourselves to be controlled so much? We might as well throw out the Constitution of the United States, because it seems that it has become the joke of America. Everyone yells "America the great, America the free!" when sh*t happens such as 911 and the whole Iraq War but as time grows, the flags fall and we are back to the same ole ways.... I dont recall reading any clauses in the Constitution or fine print. Please stop saying we live in a free country, we dont and until we stand up an fight back, we never will be.Do you know that at we as a people of the United States of America have a right to form militia and overthrow the government to form a new one, when the current government is not in the benefit of the people. No I am not Anit-American, I am an Anti-Corrupt American!! Get it right!

  31.10.2007 19:50 #21

• Kerpalguy

  Originally posted by Jlhfit: That is great!!! See this what we as a whole need to start doing.. If "the man" wants to control what we do with frivolous lawsuits and cheap bullsh*t attacks, then fight them with their own tactics, start civil sueing the hell out of everyone from the Government down to the Entertainers themselves. Its starting to get a bit ridiculous!
  It seems the only way to get attention and to combat this growing problem is to fight back with their own weapons.
  I was raised in a patriotic family,dedicated to the U.S. Most of my family severed in the Corp. Army or Navy. I served in the Army. My uncles served in Vietnam, Grandfather in Korea, great grandfather in world war II.. I use to believe in doing what I was told without question, until I started to get smart and realize that the more we allow "the man above", man being the government, to control our every move than we are no better than them themselves.. It starts with stopping you from downloading music, movies and crap that people make billions and billions of dollars a year off. Next they will try regulating when you eat,sleep, and take a sh*t... Oh my bad, they already do! When will people wake up and stop allowing this country to become the sh*t hole it is becoming. I pay f*cking taxes for a purpose...to fill the pockets of fat politicans that cant even find the on switch on a computer and to pay for them to have sex with little boys from Mexico.
  Anyway I know some will not agree to my approach and will say I am full of crap, some will say I dont know what the hell I am talking about and that I am an idiot with alot of hot air.But you know what.. I really dont give a crap what you think because all this shows me and anyone that agrees with me, is that really you are an incompetent little puppet that hasnt figured out that he really wants to be a real boy/girl.....People all I am trying to say is, why do we allow ourselves to be controlled so much? We might as well throw out the Constitution of the United States, because it seems that it has become the joke of America. Everyone yells "America the great, America the free!" when sh*t happens such as 911 and the whole Iraq War but as time grows, the flags fall and we are back to the same ole ways.... I dont recall reading any clauses in the Constitution or fine print. Please stop saying we live in a free country, we dont and until we stand up an fight back, we never will be.Do you know that at we as a people of the United States of America have a right to form militia and overthrow the government to form a new one, when the current government is not in the benefit of the people. No I am not Anit-American, I am an Anti-Corrupt American!! Get it right!Nice patriotic rant, dude. Sorry, but I got lost somewhere after the first three lines.
  
  What does your post ultimately have to do with the capitalistic encryption policies of big fat firms, and 'artists' that allegedly benefit from such programs(hello Prince mutt),and those 'little' guys that fight for us against these terror tactics (hello and thanks Slysoft)- in the ultimate interest of the consumer?
  
  I digress a bit myself now...
  
  No dis, but please don't stray from the topic all too much :-) Looking forward to your future input!
  
  BTW: 95B3V5 USA Retired
  
  Kerpalguy

  31.10.2007 22:38 #22

• redwing50

  For anyone who really understands music, you will understand that Prince may be one of the most talented Artist of all times. Does not mean you need to like his music, but at least recognize the pure talent he has. He is truly amazing. If you see him live, you will see it crystal clear.
  
  However, there should be no reason this vidoe should be pulled. I understand copywright infringement, but this is ludricous. I would be surprised if he personally was behind this. Sounds like some power hungry lawyer or agent trying to push their weight around. If he is behind it, shame on him. I will lose respect for him as a person. However, he has my respect as an artist.

  1.11.2007 00:06 #23

• janega

  PRINCE SUCKS ANYWAYS I mean the homo erotic clown at last years super bowl with the ugly ass penis guitar. Prince what a loser you couldn't pay me to listen to his music.

  1.11.2007 11:34 #24

• rstoddard

  Why do all these discussions always turn into forums for music critics? Prince IS talented and his last album came out in the 2000's, not in the 80's, and it received many excellent reviews, so let's stick to the topic please.
  
  That said, this story does sound quite odd. If Prince did do this, he is still talented but also an asshole.
  
  My bet is that one of his over zealous lawyers initiated this. If artists want their music to be heard, then they should allow fair use. I'm sure that someone bought the CD that the child was dancing to.
  
  Ridiculous, ludicrous, and totally absurd. I hope she wins.

  1.11.2007 11:37 #25

• frankacne

  LOL, come on domie dont hold back, tell us what you really think about the purple pain.

  2.11.2007 16:34 #26

• OFI

  I do hope that even Prince fans stop buying his crap after stories like this. The guy needs a reality check asap.

  3.11.2007 17:28 #27

• Jlhfit

  Quote:Originally posted by Jlhfit: That is great!!! See this what we as a whole need to start doing.. If "the man" wants to control what we do with frivolous lawsuits and cheap bullsh*t attacks, then fight them with their own tactics, start civil sueing the hell out of everyone from the Government down to the Entertainers themselves. Its starting to get a bit ridiculous!
  It seems the only way to get attention and to combat this growing problem is to fight back with their own weapons.
  I was raised in a patriotic family,dedicated to the U.S. Most of my family severed in the Corp. Army or Navy. I served in the Army. My uncles served in Vietnam, Grandfather in Korea, great grandfather in world war II.. I use to believe in doing what I was told without question, until I started to get smart and realize that the more we allow "the man above", man being the government, to control our every move than we are no better than them themselves.. It starts with stopping you from downloading music, movies and crap that people make billions and billions of dollars a year off. Next they will try regulating when you eat,sleep, and take a sh*t... Oh my bad, they already do! When will people wake up and stop allowing this country to become the sh*t hole it is becoming. I pay f*cking taxes for a purpose...to fill the pockets of fat politicans that cant even find the on switch on a computer and to pay for them to have sex with little boys from Mexico.
  Anyway I know some will not agree to my approach and will say I am full of crap, some will say I dont know what the hell I am talking about and that I am an idiot with alot of hot air.But you know what.. I really dont give a crap what you think because all this shows me and anyone that agrees with me, is that really you are an incompetent little puppet that hasnt figured out that he really wants to be a real boy/girl.....People all I am trying to say is, why do we allow ourselves to be controlled so much? We might as well throw out the Constitution of the United States, because it seems that it has become the joke of America. Everyone yells "America the great, America the free!" when sh*t happens such as 911 and the whole Iraq War but as time grows, the flags fall and we are back to the same ole ways.... I dont recall reading any clauses in the Constitution or fine print. Please stop saying we live in a free country, we dont and until we stand up an fight back, we never will be.Do you know that at we as a people of the United States of America have a right to form militia and overthrow the government to form a new one, when the current government is not in the benefit of the people. No I am not Anit-American, I am an Anti-Corrupt American!! Get it right!Nice patriotic rant, dude. Sorry, but I got lost somewhere after the first three lines.
  
  What does your post ultimately have to do with the capitalistic encryption policies of big fat firms, and 'artists' that allegedly benefit from such programs(hello Prince mutt),and those 'little' guys that fight for us against these terror tactics (hello and thanks Slysoft)- in the ultimate interest of the consumer?
  
  I digress a bit myself now...
  
  No dis, but please don't stray from the topic all too much :-) Looking forward to your future input!
  
  BTW: 95B3V5 USA Retired
  
  Kerpalguylol... yeah well I really didnt think anyone would read it... I started on a point but then got wrapped up in my own views of anti-corrupt america... ex- 95B also..

  3.11.2007 19:41 #28

• borhan9

  He should see this is as a plus that people are still liking his music and leave kids with mothers alone just having harmless fun showing her kid have a good time.

  11.11.2007 16:09 #29