Universal Music v. Lenz [1]

In July 2007, Stephanie Lenz sued Universal Music in federal district court in California for claims arising out Universal's sending a DMCA takedown notice to YouTube regarding a video posted by Lenz.

According to Lenz's complaint, she posted a video [2] of her toddler son to YouTube in February 2007. In the 29-second video, Lenz's son dances to Prince's "Let's Go Crazy," which is playing in the background. In June 2007, counsel for Universal Music sent YouTube a DMCA takedown notice pursuant to 17 U.S.C. § 512(c) [3], claiming that the video infringed its copyright in the Prince song and requested that YouTube remove it from the website. YouTube complied and notified Lenz about the takedown. Lenz sent a counter-notification pursuant to 17 U.S.C. § 512(g) [3], and the site put the video back up about six weeks later.

Lenz claims that her video does not infringe Universal's copyright because it is fair use. Her federal complaint against Universal alleges that the company violated 17 U.S.C. § 512(f) [3] by knowingly materially misrepresenting its copyright claim in the DMCA takedown notice and requests damages and attorneys fees. The complaint also requests a declaratory judgment that her video did not constitute copyright infringement and injunctive relief to prevent Universal from bringing further copyright claims in connection with the video.

On April 8, 2008, the federal district court granted Universal Music's motion to dismiss the complaint, but granted Lenz permission to amend. She filed her second amended complaint on April 18. 

Update: 

05/23/2008- Universal moved to dismiss Lenz's second amended complaint.

08/20/2008 - The district court denied Universal's motion to dismiss the second amended complaint, holding that copyright owners must consider fair use before sending a DMCA takedown notice.

02/25/2010- The district court granted [4] Lenz's motion for partial summary judgment on various defenses asserted by Universal, but did not resolve the merits.