How Much Infringement is Infringement?

ABC News reports of what some might be tempted to call "babyish" behavior when it comes to applying the controversial take down notice provisions of the Digital Millennium Copyright Act.

In its report,  ABC tells of a woman who uploaded a home video of her baby dancing to You Tube and had that video removed after You Tube received a take down notice from Universal Music Publishing Group because the song playing in the background, Prince's "Let's Go Crazy", was copyrighted material.

As required by the DMCA, the alleged infringer was notified and, by filing a counter-notice, objected to the take down on the grounds of claimed fair use under the Copyright Act, resulting in its being restored, although not for several weeks.

According to the report, the claimed infringer, with the help of the Electronic Frontier Foundation, has sued for damages and other relief, claiming abuse of the procedure by Universal, since the DMCA requires those serving the take down notice to  certify that they have a right to send the notice and that their work is legitimately being infringed.