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Judge: Labels Must Consider 'Fair Use'

Posted on: Thursday, 21 August 2008, 15:15 CDT

A U.S. judge says record labels cannot order YouTube users to remove videos featuring their music unless they can show it's not a legal "fair use."

In what is being considered a victory for individual computer users over corporate music copyright holders, U.S. District Judge Jeremy Fogel of San Jose, Calif., ruled Wednesday that music companies cannot issue blanket orders to remove YouTube videos unless they first determine if each video is using the copyrighted music in a way that's legally permissible, the San Francisco Chronicle reported Thursday.

The case stems from a 2007 incident in which Universal Music Corp. ordered a Pennsylvania women to remove a YouTube video of her 13-month-old son dancing to the Prince song "Let's Go Crazy." Universal ordered YouTube to remove the video and nearly 200 others involving Prince compositions. The woman sued, saying she was within the "fair use" provision of a law giving companies the power to issue takedown orders.

Consumer groups have long argued record labels abuse their power to order YouTube video removals and do not consider whether they're being used legally. Fogel agreed, saying the law is intended "to prevent the abuse of takedown notices," the Chronicle reported.

Source: United Press International

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