US judge orders trial in dancing baby case
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

US judge orders trial in dancing baby case

A judge has ordered a full trial will be held over the now-renowned video of a baby dancing to a Prince song on YouTube, in a case which may help to define the limits of US copyright law

Stephanie Lenz posted the 29-second clip of her son dancing to the song Let's Go Crazy by Prince &The Revolution to YouTube in 2007. YouTube removed the recording after Universal Music issued a Digital Millennium Copyright Act (DMCA) notice, claiming Lenz violated its copyright on the song.

Lenz, with help from public interest organisation the Electronic Frontier Foundation (EFF), later sued Universal under DMCA section 512(f) for failing to consider fair use.

dancing20baby.jpg

Last week, US District Judge Jeremy Fogel rejected arguments from both sides for summary judgment, ruling that a trial is needed to resolve disputed facts in the case.

Among other things, the court will consider whether Universal’s actions meet the high standard of subjective faith. Lenz argues that Universal’s screening process was so deficient that it demonstrated wilful blindness to whether the video fell under fair use exemptions.

Universal argues that the DMCA should not apply in this case, despite having sent the takedown notice pursuant to the DMCA. The company claims it only used DMCA procedures because YouTube's terms of service required as much to remove videos. 

Universal also argues that YouTube is ineligible for the safe harbour provision of the DMCA because hosting videos does not constitute “storage at the discretion of the user” as defined in Section 512.

The case, Lenz v Universal, is being tried in the US District Court for the Northern District of California, San Jose. Universal is being represented by Kelly Klaus of Munger Tolles & Olson; Lenz is being represented by Cindy Cohn of EFF and Ashok Ramani of Keker & Van Nest.

more from across site and ros bottom lb

More from across our site

We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
The EMEA research period is open until May 31
Practitioners analyse a survey on how law firms prove value to their clients and reflect on why the concept can be hard to pin down
The winner of Managing IP’s Life Achievement Award discusses 50 years in IP law and how even he can’t avoid imposter syndrome
Saya Choudhary of Singh & Singh explains how her team navigated nine years of litigation to secure record damages of $29 million and the lessons learned along the way
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
A team of IP and media law specialists has joined from SKW Schwarz alongside a former counsel at Sky
The Irish government has delayed a planned referendum on whether Ireland should join the Unified Patent Court, prompting concern about when a vote may take place
With more than 250 winners recognised during the ceremony, there are many reasons to be positive about the health of the IP industry in EMEA
Gift this article