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

In our latest podcast, Deborah Hampton talks through her hopes for the year, INTA’s patent focus, London 2026, and her love of music
Tech leads at three IP service groups discuss why firms need to move away from off-the-shelf AI products and adopt custom solutions
IP firms say they have been educating some clients on AI use, with ‘knowledge-sharing’ becoming more prevalent
As the US patent system tilts further toward favouring patent owners, firms with a strong patentee focus can get ahead of the game
Amanda Yang and Rachel Tan at Rouse and Landy Jiang at Lusheng Law Firm provide an overview of the draft amendments to China’s trademark law
News of EIP launching an AI platform and a trade secret blow for TCS in the US were also among the top talking points
The four-partner addition includes A&O Shearman’s former co-head of global IP litigation
A settlement involving Disney and another ruling concerning a lawyer’s request for access to documents were also among the big developments
Merchant & Gould's managing partner explains why the firm launched a Boston office and why it brought on board a local boutique
The model covers court-guided settlements, submissions-led determination of infringement and validity issues, and provides leeway for the court to determine a FRAND rate during negotiations
Gift this article