When Larry Lessig used a clip from “Lisztomania” by the French band Phoenix in a lecture, he was pretty sure that it was fair use — after all, he’s written several books on copyright and teaches at Harvard Law. But Liberation Music, who claim the license to the song, had the video of Lessig’s lecture removed from YouTube several times, and threatened Lessig with a lawsuit for sending counter-claims asserting that he was in the right. So now, Lessig and the Electronic Frontier Foundation are suing Liberation Music and plan on making some good fair use caselaw. Fair use caselaw is in short supply, because most claims are settled out of court, but I have a feeling this one is going to go all the way.
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