DMCA Counter Gets Small YouTuber Sued By Prince’s Estate

Think you are too small to get sued, well that isn’t the case. The estate for Prince sued a small YouTuber for uploading songs from a Prince concert after the YouTuber filed a DMCA counter notification.

Kian Andrew Habib, aka the PersianCeltic, is a small YouTuber with 444 subscribers. Habib posts videos of concert footage and still has some up at the moment. Habib posted four videos contain six songs from a Prince concert to his YouTube channel. Habib had zero permission to post these videos and therefore committed copyright infringement.
The estate for Prince (just calling it “Prince” to save me from typing that whole thing out moving forward), who passed away in April 2016, sent four DMCA takedown notifications to YouTube demanding that the infringing videos be removed. When provided with an opportunity to respond, Habib countered the notification and presumably claimed fair use. Per the DMCA, when a notification is filed, the video will stay up on YouTube unless the requesting party files a lawsuit and that’s exactly what Prince did.

Most people when sent a DMCA notification simply just respond claiming fair use and do not think of the repercussions. Most of the time, a lawsuit will never be filed but this case proves it better to be careful. Prince seeks damages and attorneys’ fees as a result of the infringement. Not looking good for Habib and best he try to settle real quickly.