Lenz v. Universal Music Corp.
United States District Court for the Northern District of California
572 F. Supp. 2d 1150 (2008)
Stephanie Lenz (plaintiff) uploaded a video of her children dancing to a barely audible Prince song playing in the background; Universal (defendant) had YouTube remove the video via a DMCA takedown notice, warning Lenz of possible account consequences for repeat infringement. After consulting an attorney, Lenz sent a counter-notification arguing fair use, then sued Universal under DMCA § 512(f), which creates liability for knowingly and materially misrepresenting a work's infringing nature; Universal moved to dismiss.
Whether, before issuing a takedown notice for allegedly infringing material online, a copyright owner must make a good faith determination of whether the fair-use doctrine applies.