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Lenz v. Universal

LEGAL CASE

Lenz v. Universal

After more than 10 years of litigation, Stephanie Lenz and Universal Music Publishing Group have resolved their dispute, often referred to as the “Dancing Baby” case. Stephanie Lenz, represented by EFF, filed the lawsuit in 2007 after YouTube removed a video in response to Universal’s false copyright complaint. The video is a 29-second recording of her son dancing to the Prince song “Let’s Go Crazy.” The case raised the question of whether a copyright holder can use the Digital Millennium Copyright Act (DMCA) to take down an obvious fair use without consequence. Keker, Van Nest and Peters LLP were co-counsel on the case.

%3Ciframe%20src%3D%22https%3A%2F%2Fwww.youtube-nocookie.com%2Fembed%2FN1KfJHFWlhQ%3Fautoplay%3D1%26mute%3D1%22%20allowfullscreen%3D%22%22%20width%3D%22854%22%20height%3D%22480%22%20frameborder%3D%220%22%20allow%3D%22autoplay%22%3E%3C%2Fiframe%3E Privacy info. This embed will serve content from youtube-nocookie.com Section 512 of the DMCA created the so-called “notice and takedown” system, which gives service providers immunity from copyright liability for content posted by users if the providers take it down when they are notified that it is infringing. However, Section 512 notice often target lawful material as well. To discourage such abuse, Congress made sure that the DMCA included a series of checks and balances, including Section 512(f), which gives users the ability to hold copyright owners accountable if they send a DMCA notice in bad faith. Lenz claimed that Universal’s takedown notice was a misrepresentation in violation of Section 512(f). In response, Universal argued that copyright owners should not have to consider fair use before sending DMCA takedown notices. The Ninth Circuit rejected this argument, holding that the DMCA requires copyright owners to consider whether works are lawful fair uses before sending takedown notices targeting them. The appeals court made clear that fair use is not an “infringement to be excused” but instead is not copyright infringement at all. The Ninth Circuit also ruled that, when considering claims under Section 512(f), copyright holders should be held to a subjective standard. In other words, senders of false infringement notices could be excused so long as they subjectively believed that the material they targeted was infringing. EFF was disappointed with this aspect of the ruling as it entails that a subjective belief in infringement can excuse a wrongful takedown notice no matter how unreasonable that belief. After the Ninth Circuit’s ruling, both Lenz and Universal petitioned the Supreme Court for review. The Supreme Court denied both parties’ petitions and the parties later agreed to a settlement.

Updates

Deeplinks Blog byCindy Cohn | July 13, 2022

Impact Litigation in Action: Building the Caselaw Behind a Win for Free Speech

A recent District Court decision in In re DMCA 512(h) Subpoena to Twitter, Inc. is a great win for free speech. The Court firmly rejected the argument that copyright law creates a shortcut around the First Amendment’s protections for anonymous critics. In the case, a company tried to... ●Read more about Impact Litigation in Action: Building the Caselaw Behind a Win for Free Speech

Press Release | June 27, 2018

Stephanie Lenz and Universal Music Publishing Group Settle 'Dancing Baby' Case

SAN FRANCISCO - Stephanie Lenz and Universal Music Publishing Group (UMPG) today announced they have amicably resolved Lenz v. Universal, the widely followed litigation sometimes referred to as the “Dancing Baby” case. Lenz filed her complaint in 2007, after UMPG requested the removal of a video in which Lenz’s then-toddler... ●Read more about Stephanie Lenz and Universal Music Publishing Group Settle 'Dancing Baby' Case

Deeplinks Blog byCorynne McSherry | June 27, 2018

After More Than a Decade of Litigation, the Dancing Baby Has Done His Part to Strengthen Fair Use for Everyone

Litigation can always take twists and turns, but when EFF filed a lawsuit against Universal Music Group in 2007 on behalf of Stephanie Lenz, few would have anticipated it would be ten years until the case was finally resolved. But today, at last, it is. Along the way, Lenz... ●Read more about After More Than a Decade of Litigation, the Dancing Baby Has Done His Part to Strengthen Fair Use for Everyone

Deeplinks Blog by Kate Tummarello | February 6, 2017

Digital Rights Issues on the Horizon at the Supreme Court

The Supreme Court already has a list of digital civil liberties issues to consider in the near future, and that list is likely to grow. If confirmed, President Donald Trump’s nominee to fill the late Justice Antonin Scalia’s seat on the Supreme Court—Judge Neil Gorsuch of the U.S. Court... ●Read more about Digital Rights Issues on the Horizon at the Supreme Court

Deeplinks Blog by Kerry Sheehan | December 29, 2016

Fighting for Fair Use and Safer Harbors: 2016 in Review

In 2016 we witnessed the latest stretch in an ongoing struggle over the shape of copyright law and who it serves - between a law that respects and promotes innovation and free expression, and one that only serves the interests of large copyright holders. This year we welcomed a run... ●Read more about Fighting for Fair Use and Safer Harbors: 2016 in Review

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Legal Documents

May 19, 2017 Lenz Supplemental Brief in Response to Brief of Solicitor General May 4, 2017 Solicitor General's Brief October 11, 2016 Lenz's Reply Brief ISO Petition for Certiorari October 11, 2016 Universal's Reply Brief ISO Petition for Certiorari September 26, 2016 Lenz Brief in Opposition to Universal's Petition for Certiorari September 26, 2016 Universal's Brief in Opposition to Motion for Petition for Certiorari September 15, 2016 Automattic, Google, Twitter, Tumblr Amicus Brief September 15, 2016 Internet Speakers Amicus Brief September 15, 2016 Public Knowledge and Organization for Transformative Works Amicus Brief September 15, 2016 Recording Industry Association of America Amicus Brief August 12, 2016 Petition for Writ Lenz v. Universal August 12, 2016 Universal v. Lenz Petition for writ of certiorari March 17, 2016 Ninth Circuit Amended Opinion November 24, 2015 Lenz Answer to Universal Music Publishing Petition for Panel Rehearing November 16, 2015 Universal's Answer to Lenz's Peition for Rehearing En Banc October 30, 2015 Amicus Brief of Automattic, Google, Twitter, Tumblr ISO Petition for Rehearing October 30, 2015 Public Knowledge and Organization for Transformative Works Amicus ISO Rehearing October 20, 2015 Lenz Petition for Rehearing En Banc October 20, 2015 Universal Petition for Panel Rehearing September 14, 2015 9th Circuit Opinion Lenz March 20, 2014 Lenz Reply February 4, 2014 Universal's Opposition brief December 13, 2013 Amici Brief of Automattic, Google, Twitter and Tumblr December 13, 2013 Amici Brief of Organization for Transformative Works, Public Knowledge, and International Documentary Association December 6, 2013 Appellee and Cross-Appellant's Answering and Opening Brief on Cross-Appeal October 16, 2013 MPAA Amicus Brief October 16, 2013 RIAA Amicus Brief October 9, 2013 Appellants' Opening Brief January 24, 2013 Lenz v. Universal: Order Denying Motions for Summary Judgment October 11, 2012 Defendant's motion for summary judgment October 11, 2012 Defendant's opposition to plaintiff's motion for summary judgment October 11, 2012 Defendant's reply to opposition October 11, 2012 Motion for Summary Judgment October 11, 2012 Plaintiff's opposition to defendant's motion for summary judgment October 11, 2012 Plaintiff's reply to opposition October 18, 2010 Defendant's motion for summary judgment October 18, 2010 Plaintiff's motion for summary judgment February 25, 2010 Order Granting Partial Summary Judgment October 28, 2008 Order Denying Universal's Motion to Certify Interlocutory Appeal September 30, 2008 Defendants Answer to Second Complaint September 16, 2008 Defendant's reply in support of motion to certify and stay September 9, 2008 Opposition to defendant's motion to certify and stay August 29, 2008 Defendant's motion to certify order for interlocutory appeal and to stay pending resolution of proceedings August 20, 2008 Order denying Universal's motion to dismiss July 3, 2008 Defendant's reply in support of motion to dismiss plaintiff's second amended complaint July 3, 2008 Supplemental request for judicial notice in support of defendant's motion to dismiss June 20, 2008 Opposition to Motion to Dismiss Second Amended Complaint May 23, 2008 Motion to Dismiss Plaintiffs Second Amended Complaint April 18, 2008 Exhibits April 18, 2008 Second Amended Complaint April 8, 2008 Order granting defendants' motion to dismiss January 14, 2008 Exhibits A-F January 14, 2008 Exhibits G-K December 19, 2007 Declaration in Support of Motion to Dismiss December 3, 2007 Exhibits A-C December 3, 2007 Exhibits D-E December 3, 2007 Reply in Support of Motion to Dismiss December 3, 2007 Supplemental Declaration In Support of Motion to Dismiss November 13, 2007 Declaration of Lenz November 13, 2007 Declaration of McSherry November 13, 2007 Declaration of Schaffer November 13, 2007 Lenz Opposition to Motion to Dismiss September 21, 2007 Motion to Dismiss August 15, 2007 Amended Complaint July 24, 2007 Complaint Back to top

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