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One Mom vs. the Music Industry

Monday, May 12, 2008

A YouTube video of a baby dancing to a Prince song was yanked for copyright infringement. Could your home video be next?

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Everyone knows YouTube is the place for Moms to share cute kid videos with friends and family, but when a harmless video of Stephanie Lenz's kids dancing to "Let's Go Crazy" became target of the music industry, momlogic had to find out more.

Momlogic: Tell us what happened.
Stephanie: My kids like Prince's music, so I turned on "Let's Go Crazy," took a few seconds of them running around on video, and posted it on YouTube. About six months later, I received an email from YouTube saying my video had been flagged for content. Sure enough, I went on YouTube and realized my video had been suspended.

Momlogic: What was your reaction to the take-down notice?

Stephanie: Being able to share your videos online is like the new "brag book," but now we're being punished for using those resources? I don't want to have to second guess whether the character on my kid's shirt is OK for licensing reasons or that a particular toy is OK to include in a photo? You're fearful about every little thing, and it's a strange way to live or think.

I followed a case in the news where a woman was accused of downloading music.  She lost her house and went bankrupt. It scared me that I got this notice, and then it made me angry that I was scared because I knew I didn't do anything wrong. Universal Music Group believed I infringed on their copyrighted material, so they contacted YouTube and YouTube took the video down.

I spoke with lawyers at EFF (Electronic Frontier Foundation) and decided to sue. They have a page on their Website devoted to my case. There needs to be some accountability for filing those false claims, and that's what my lawsuit is about. I wanted to fight back for all the moms, dads, grandparents, and people who could fall victim to this.

Momlogic: What should Moms know about posting video and photos online?

Stephanie: When it comes to toys, characters on clothing, and products, it's a trademark issue. I am aware of it because lately I have been questioning everything. I don't post videos online anymore. I haven't posted videos since I received the take-down notice. It's changed the way I use the Internet. I am still making videos, but I don't post them. When making them, I turn off the radio or TV and I pay attention to what's going on in the background instead of the foreground. The purpose of the video was to feature my kids, and now I am more concerned with what's going on in the background.

Don't lay music over the top of a video. There are sites like Electronic Frontier Foundation that answer questions if you're not sure. I have gotten responses from other parents who told me they have videos online with music, but they never received warnings or notices.

In building a sense of community that Moms are creating via the Internet, we need to be able to feel free to use the technology that's available to us -- be it posting videos, photos, or writing in blogs. As long as it's legal and safe, who is some record company to tell us to stop?


As this is a issue that concerns many Moms, we'll keep you posted on updates from Stephanie's case.  Do you think Stephanie's video was illegal? 


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