Lawrence Lessig is not the kind of guy you want to piss
off. Lessig, a Harvard law professor, is
one of the world's leading experts in copyright law; more to the point he is
one of the pre‑eminent thinkers in the ever-expanding area of fair use and
intellectual freedom.
Lessig recently gave an online lecture and used part of the
song "Liztomania" by the band Phoenix to illustrate a point about
dance music and global Internet phenomenons. The lecture was posted on You
Tube. Liberation Music, an Australian
company sent Lessig a letter claiming copyright infringement and threatening to
sue for violating its exclusive rights. They apparently also sent a takedown
notice to You Tube, under the DMCA provisions. Lessig neither ignored the letter nor did he
bother to send a reasoned response outlining his position. He instead filed suit asking for a
declaratory judgment that his use was a protected fair use. He is asking for damages and legal fees
Lessig's suit is one of what appears to be a growing number
of copyright cases using the concept of "copyright abuse" to
challenge what might be accepted norms in copyright law. To be sure, few would disagree that Lessig's
use of the song in an academic lecture is almost certainly fair use; it's right
there in the statue. What is more
interesting is that Lessig is using the courts and assuming the role of
plaintiff to prove his point. Robin
Thicke has done the same thing with his lawsuit against Bridgeport Music and
the Estate of Marvin Gaye, filed in response to their claims of copyright
infringement with his song “Blurred Lines”. The Lessig case, if it goes to
trial, may help academics gain a better understanding of what is permissible in
the area of fair use and scholarship. It
might also give copyright owners pause before sending cease and desist letters
and sending take down notices to YouTube and other outlets.
