Universal5 posts
14 Sep, 2015

Dancing Baby case will go to trial


A three-judge panel in The United States Court of Appeals for the Ninth Circuit, in San Francisco, clears the way for the “Dancing Baby case” to go to trial. The court rules that fair use is “uniquely situated in copyright law so as to be treated differently than traditional affirmative defenses,” and copyright holders like Universal must consider fair use before issuing takedown notices asking services like YouTube to remove videos that include material they control. EFF:

Today’s ruling sends a strong message that copyright law does not authorize thoughtless censorship of lawful speech.


We respectfully disagree with the court’s conclusion about the D.M.C.A. and the burden the court places upon copyright holders before sending takedown notices.

Feb 2007

Uploads video clip

Stephanie Lenz, a mother in Gallitzin, Pa., uploads a 29-second video of her toddler dancing while Prince’s song Let’s Go Crazy plays in the background. Universal objects to the use of the song, and Lenz files suit.

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