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

News of Dolby suing Snap over AV1 and HEVC patents and SCOTUS offering guidance on the liability of internet service providers were also among the top talking points
Arrival of Caitlin Heard will bolster the soon-to-be-created Ashurst Perkins Coie’s IP presence in the capital
AI, cybersecurity and data practice group will provide clients with legal guidance around AI alongside a 'deep technical foundation’ in IP
Lawyers at Vondst and Biopatents say a ruling concerning the protected status of trade secrets could see the UPC flooded with requests to prevent access to confidential information
Sharad Vadehra of Kan & Krishme discusses why older IP firms still have an edge over up-and-coming boutiques and how the firm is using AI to provide quick and cost-effective service
Lawyers at Appleyard Lees share how they picked apart a plant breeder’s infringement claims concerning the ‘Tango’ mandarin
A further decision on long-arm status, and a new hire for Pentarc in Germany from Taylor Wessing were also among top developments
The US decision marks a rare grant of a request under the Uniform Fraudulent Transfer Act in a patent case
Stobbs has applied to strike out a contempt of court application filed against the firm and two of its lawyers
With trademark volumes surging, trademark teams need to think beyond traditional clearance searches, towards a continuous, intelligence-led workflow, says Meghan Medeiros of Corsearch
Gift this article