Aussie Label Settles Phoenix YouTube Case With Harvard Professor

Australian record label Liberation Music have settled a legal case with political activist and academic Professor Lawrence Lessig after they admitted they wrongfully forced down one of his YouTube videos on copyright grounds.

Part of the Harvard Law School faculty, one of Lessig's lecture videos contains a recording of the Phoenix track Lisztomania in it, which Liberation represent in Australia and New Zealand. Liberation issued a take down notice, honoured by YouTube, which prompted Lessig to commence legal proceedings via the District Court of Massachusetts in the USA.

After a back-and-forth throughout last year Liberation have this morning admitted that the use of Lisztomania was fair under both US and Australian law and that the dispute has been resolved “amicably”.

The lecture used the track to illustrate the habits of internet users.

“We regret that Liberation issued a take-down notice with respect to Professor Lessig's video,” Liberation's Managing Director Warren Costello said today.

“It was removed by a member of our staff without being reviewed and under a misunderstanding of the relevant law. Upon learning of the mistake we immediately reinstated Professor Lessig's video, amended our review process and have worked co-operatively with Professor Lessig to resolve this matter as quickly as possible.”

Lessig said, “Too often, copyright is used as an excuse to silence legitimate speech. I've been fighting against that kind of abuse for many years, and I knew I had to stand up for fair use here as well. Hopefully this lawsuit and this settlement will send a message to copyright owners to adopt fair takedown practices – or face the consequences.”

Liberation, part of the Mushroom Group, will now amend its copyright and YouTube policies to avoid further incidents.

Watch the video below. The Phoenix tracks appears as part of an examination of 'call and response' YouTube habits, which starts around the 37 minute mark. The Phoenix track itself appears at 37 minutes 50 seconds.

Professor Lessig is the Roy L. Furman Professor Of Law and Leadership at the Harvard Law School and Director of the Edmond J. Safra Center For Ethics at Harvard University.

Phoenix are about to tour Australia with the Future Music Festival, dates below.