SIGNIFICANCE: LENZ V. UNIVERSAL MUSIC CORP.
Case Name: Lenz v. Universal Music Corp.
Citation: 572 F. Supp. 2d (N.D. Cal. 2008)
Lenz posted a home video of her kids dancing to Prince's "Let's Go Crazy." In response to a takedown notice, Lenz claimed the video was fair use of the song.
The court ruled that a copyright owner must consider possible fair-use defenses in its initial decision to issue a takedown notice (although the case itself is not fully resolved). A copyright owner’s failure to do so may open it up not only to a counter notice requiring the service provider to restore the content, but also to a suit for misrepresentation under the DMCA.