Music industry can't force Web removal of song excerpts, judge rules

[Newsjock]

Source: San Francisco Chronicle

In a victory for small-time music copiers over the entertainment industry, a federal judge ruled today that copyright-holders can't order one of their songs removed from the Web without first checking to see if the excerpt was so small and innocuous that it was legal.

The ruling by U.S. District Judge Jeremy Fogel of San Jose was the first in the nation to require the owner of the rights to a creative work to consider whether an on-line copy was a "fair use" - a small or insignificant replication that couldn't have affected the market for the original - before ordering the Web host to take it down.

A 1998 federal law authorized copyright-holders to issue takedown orders whenever they see an unauthorized version of their work on the Internet, without having to sue and prove a case of infringement. Some advocates of Internet users' rights - including the Electronic Frontier Foundation, which represented the individual user in this case - contend the procedure has been abused.

The case dates from February 2007, when Stephanie Lenz, a writer and editor from Gallitzin, Pa., made a video of her 13-month-old son cavorting to Prince's song "Let's Go Crazy" and posted the 29-second clip on YouTube.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/20/BAU412FKRL.DTL&tsp=1

[Hugabear]

1. It's about time common sense prevailed

This was getting pretty fucking ridiculous.

[jeff30997]

2. Yes!

Great news indeed.K&R.

[mduffy31]

3. Now I love Prince

But he really can be a prick when it comes to his music.

[mainegreen]

4. The EFF should get to wear a superhero's cape.

They deserve it.