In a recent decision by the 11th Circuit Court in USA, Katz v. Chevaldina, the question of whether using a photograph to criticize a person's business activities amounted to copyright infringement was raised. The Court answered that it was not copyright infringement, but amounted to fair use as the use was for criticism and transformative. The Court also pointed out that the use lacked any commercial advantage to the blogger, and was strictly meant for criticism.
Brief background is as…
Stephanie Lenz uploaded a video of her child dancing to Prince's tune - Let's Go Crazy, to YouTube. In the video, the child is seen making moves, while the song is played in the background. The video was uploaded in 2007 on YouTube.
Universal Music, the owner of the sound recording, was not too happy with the use of the music in the video, which was getting great attention. UM sent a DMCA take down notice to YouTube, and YouTube…