Abstract: In February 2007, Stephanie Lenz recorded a twenty-nine second video of her two young children dancing to the famous song “Let’s Go Crazy” by recording artist Prince. Lenz posted the video titled “Let’s Go Crazy #1” to YouTube.com (“YouTube”). At the time of the posting, Universal Music Group (“Universal”) was Prince’s publishing administrator and was responsible for his copyright enforcement. To enforce their copyrights on YouTube, Universal’s head of business affairs assigned the task of monitoring YouTube videos to a single employee. This employee would enter the titles of the most popular Prince songs into the YouTube search field and review the video to determine if it used one or more of Prince’s songs. Where a Prince song was used in the video, company policy required the employee to include the video on a removal list if the composition was the “focus of the video,” as it was in this case. This removal list was sent to another Universal employee, who emailed the removal list (“Takedown Notice”) to YouTube on June 4, 2007. The Takedown Notice was sent to firstname.lastname@example.org, the email address YouTube identified in its Terms of Service as intended solely for receiving notifications of alleged infringements under the Digital Millennium Copyright Act (“DMCA”).
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