US judge orders trial in dancing baby case

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Cookies Settings

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 SHARED ros bottom lb

More from across our site

Peter Ling of Lenz & Staehelin in Zurich discusses trends in patent litigation, the regulation of AI and the benefits of teaching IP
Brandsmiths and Powell Gilbert will contest claims over several UK trademarks in a High Court case examining the ownership and revival of a heritage brand
Hogan Lovells Cadwalader is taking a fresh strategic approach to pricing in its AI strategy. It could amplify calls for law firms to ditch the billable hour
Charles Harding plans to build a new team around life sciences oppositions and contentious work, drawing on his three decades developing a practice from scratch at D Young & Co
The firm reveals how its litigation strategies informed the arguments that took Masimo’s judgment past $818 million
The firm was rebuilding its IP practice through a string of patent hires and a Texas expansion, but its dissolution has put the newly built talent back into the market
AI can exploit longstanding gaps in copyright protection at remarkable speed, but EU law still provides tools to fight back, says Simon Hembt at Bird & Bird
The firm has tapped a local patent trio to establish a foothold in the market and broaden its national presence
New Asia-Pacific IP head Jonathan Chu is eyeing opportunities arising from Chinese technology licensing, overseas enforcement and increasingly IP-heavy cross-border deals
Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Gift this article