Harvard copyright expert sues over copyright claim that got one of his videos on YouTube banned
Lawrence Lessig, a Harvard Law professor who developed the Creative Commons alternative to traditional copyright, yesterday sued an Australian music company that got YouTube to block a video of a lecture he gave because it included five seconds of music from one of its artists.
In his suit against Liberation Music, filed yesterday in US District Court, Lessig said the brief segment in question, as part of a lecture he gave in Seoul in 2010, was to show how kids these days are meme'ing it up on the Internet, in this case by performing the roles of particular movie scenes set to the song "Lisztomania."
Lessig said his use of the segment is covered in the U.S. by "fair use," i.e., he was using it to discuss the topic, not to profit off of the music. The complaint continues:
Professor Lessig’s purpose was non-commercial and highly transformative, in that it was entirely different from Phoenix’s original purpose in creating the work. Whereas Phoenix’s original purpose was presumably to entertain music fans, and to make money doing so, Professor Lessig’s purpose was educational, and neither Professor Lessig nor Creative Commons gained any profit from the illustrative use of the clips in question in the "Open" lecture. ...
Professor Lessig's use caused no market harm. Professor Lessig's 49-minute scholarly lecture included only short clips of videos that were set to the song "Lisztomania," with Professor Lessig continuing to lecture over the music. The “Open” lecture is not a market substitute for a sound or video recording of the song “Lisztomania” and the lecture did not harm any market for the song.
Lessig says he had the video of his Seoul lecture posted on June 8 of this year:
On June 30, YouTube sent Professor Lessig an email notifying him that it had removed the video of the "Open" lecture, pursuant to a complaint from Liberation Music that the material was infringing. The email warned Professor Lessig that repeated incidents of copyright infringement could lead to the deletion of his YouTube account and all videos uploaded to the account.
And then, on July 8, he says, Liberation e-mailed him directly, demanding he stop trying to get the video restored or it would sue him.
Lessig is seeking a court order declaring his video does not violate Liberation's copyrights, damages and lawyer's fees.
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Comments
This is great
More people need to stand up for their fair use rights.
full Phoenix album is up
on youtube right now with over 100k views. I wonder why that one wasn't taken down? http://www.youtube.com/watch?v=DXBMnlx73Uw
Boy did they pick the wrong guy to harass
Harvard Law professor? Check.
With a specialty in intellectual property? Check.
Who knows as much about Fair Use as there is to know? Check.
Who was speaking about Fair Use in the video in question? (And this is what really blows my mind.) Check.
Who has INVENTED HIS OWN COPYLEFT MARK? Check.
It's like being allergic to bees, and trying to bust open a beehive with your face.
I've heard Professor Lessig speak in person, and I can say he is a great advocate for fair use. He gave them multiple chances to give it up, but at some point if the dog don't let go of yer leg, you have to shoot it.
I AM THE LAW!
I AM THE LAW!
Unless...
...it's a K-9.
He created the Creative Commons license? Bowl of popcorn time.
http://en.wikipedia.org/wiki/
http://en.wikipedia.org/wiki/Creative_Commons
You want to niggle the finer points? Fine. He founded the 501(c)(3) organization known as Creative Commons, serves on its board, and advocates for its use.
I also think he stated during his presentation to the FSF in 2006 that it was "his." Less in the ownership sense than in the caretaker/governance sense. So I think its fair to say he created it. This is not the Al Gore internet we're talking about.
[Edited to take the snark back a bit.]
Reading your comment was a laugh and a half
It great annoys me when Youtube videos that I liked get shut down because of copyright claims. There are videos that had incidental songs in the background like 5 seconds and it get claimed. I hope Adamg give an update when it comes, I think it going to be fun to see them squirm.
Remember how I said yesterday
Remember how I said yesterday that any case filed by a Harvard professor should be immediately rejected?
I recant. And apologize.
And I hope this gentlemen wins. These copyright "violations" go way too far, and it's stifling creativity.
Go, Larry, Go!
I hope Larry doesn't settle. Take them to the wood shed and teach them the fair use of a 2x4, Larry!