EFF asks US Supreme Court to look into “dancing baby ‘case




EFF civil rights organization has asked the highest US court to consider the “dancing baby ‘case which has been running since 2007. The heart of the matter concerns the fair use principle, which allows use of copyrighted material may be permitted.

The long-running case was won in 2015 by the EFF and the uploader of the video, but the organization is not happy with the judgment and therefore wants to go to the Supreme Court. The EFF proposes in a blog post that the lower court holds down that beneficiaries must first examine whether it is indeed fair use goes before sending a takedown request, but in doing so, however, the wrong yardstick applied by the courts.

As it stands, a party should hold that there is an infringement of his rights on the basis of a completely subjective standard, as denounces the EFF. That means that right holders can send a takedown Service Request, as long as they sincerely believe that there is an infringement of their rights. This would result, according to the civil rights organization that rightholders videos and other content to allow easy removal following a suspicion, which would amount to censorship.

The EFF is involved in the case because the organization assisting the woman, who uploaded the famous ‘Dacing baby’ movie. This gave her a takedown request from Universal, because in the background a piece of the Prince song “Let’s Go Crazy” can be heard. The argument of the uploader, a Mrs Lenz and the EFF is the song in the background is no infringement because it falls within fair use in the US DMCA. The Supreme Court must now decide whether to allow the case.

The EFF is fighting for a long time against certain aspects of the DMCA, so complained the organization in July the US government because an article of the law constitutes a restriction on the freedom of expression with respect to lawfully acquired protected material.


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