Pennsylvania mom Stephanie Lenz, backed by the Electronic Frontier Foundation, is fighting entertainment giant Universal Music over a YouTube-related takedown letter. Stephanie Lenz uploaded a blurry 30-second video clip of her toddler learning to walk with the Prince song "Let's Go Crazy" being heard in the background in 2007 and received a takedown letter from Universal Music, demanding the clip removed under the provisions of the Digital Millennium Copyright Act. Subsequently, YouTube removed her video, but put it back online after Stephanie Lenz complained.

The Electronic Frontier Foundation and Lenz claim the Universal Music move was abusive and seek a ruling that she did not violate Universal's copyrights with the YouTube video, as well as damages. As you can see below, it's quite obvious that the video is noninfringing. The sound is so poor that one can hardly discern what song that is, and its overall quality, subject and purpose make it a foolish target for a takedown letter.

That is exactly the point argued by Lenz's EFF attorneys, who had to refile the case against Universal Music after being tossed out by U.S. District Judge Jeremy Fogel initially. However, the second filing was better argued and Fogel said he will ponder both sides' positions. The Electronic Frontier Foundation says that Universal Music should compensate Lenz for falsely accusing her of violating the law, which caused her distress and for taking down her home video off YouTube.

Meanwhile, Universal claims it does not need to evaluate fair use before sending a takedown letter. The case will set a precedent, because there is no ruling on a similar case. The issue is to set some kind of clear principles regarding the so-called fair use of copyrighted content, or to dismiss fair use altogether. For Internet users, a favorable ruling for Lenz would mean that copyright owners will be barred from harassing them over partial, low-quality, non-commercial use of their work.