Lessig challenges DMCA takedown notice

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Lessig challenges DMCA takedown notice

Know your enemy. Did Australian company record company Liberation Music bear this advice in mind when it requested that YouTube block the video of a lecture titled “Open” given by Harvard Law School professor Lawrence Lessig?

Yesterday Lessig – a well-known political activist and critic of the copyright systemretaliated, asking the US District Court for the District of Massachusetts to grant declaratory judgment, injunctive relief and damages. He is represented by lawyers from the law firm Jones Day and the Electronic Frontier Foundation.

The dispute concerns a lecture Lessig gave at a Creative Commons conference in Seoul, Korea in June 2010. The lecture included several clips of amateur music videos to illustrate cultural developments in the age of the internet.

The clips included groups of people dancing to the song “Lisztomania” by the band Phoenix, which is represented by Liberation Music. Lessig claims his use of the clips is permitted under the fair use doctrine and does not infringe copyright.

In June 2013, a video of the lecture was posted on YouTube. On June 30, Lessig received a notice from YouTube saying the video of his lecture had been blocked under its filtering procedures as it included content owned or licensed by Viacom (the notice, included in the court documents, was addressed “Dear lessig”).

It is believed that Liberation Music sought to block the video at about the same time.

When Lessig disputed the block, Liberation Music issued a DMCA takedown notice, demanding the removal of the video. When Lessig submitted a counter-notice, Liberation Music emailed him threatening legal proceedings within 72 hours and he retracted his counter-notice.

Lessig’s suit seeks a declaration that the video of the lecture is protected by the fair use doctrine and does not infringe copyright as well as an order enjoining Liberation from asserting a copyright claim against him. He is also seeking damages, costs and other just relief.

more from across site and SHARED ros bottom lb

More from across our site

Regulatory changes and damages risks are prompting Canadian firms and clients to opt for settlements in generic and biosimilar cases
News of Via Licensing Alliance adding two new members and Nokia’s proposal to extend interim licences to Warner Bros Discovery and Paramount were also among the top talking points
A new claim filed by Ericsson, and a request for access to documents, were also among recent developments
Cooley and Stikeman Elliott advised 35Pharma on the deal, which will allow GSK to get its hands on S235, an investigational medicine for pulmonary hypertension
Simon Wright explains why the UK should embrace the possibility of rejoining the UPC, and reveals how CIPA is reacting to this month’s historic Emotional Perception AI case at the UK Supreme Court
Matthew Grady of Wolf Greenfield says AI presents an opportunity in patent practice for stronger collaboration between in-house and outside counsel
Aparna Watal, head of trademarks at Halfords IP, discusses why lawyers must take a stand when advising clients and how she balances work, motherhood and mentoring
Discussion hosted by Bird & Bird partners also hears that UK courts’ desire to determine FRAND rates could see the jurisdiction penalised in a similar way to China
The platform’s proactive intellectual property enforcement helps brands spot and kill fakes, so they can focus on growth. Managing IP learns more about the programme
Hire of José María del Valle Escalante to lead the firm’s operations in ‘dynamic’ Catalonia and Aragon regions follows last month’s appointment of a new chief information officer
Gift this article