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

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

The Spain-based firm has appointed an industry veteran to lead the group, which it hopes will strengthen its ability to support clients in ‘disruptive technologies’
Shaina Haria, a final-seat trainee at an international law firm’s UK office, shares how she fell in love with IP and why the area of law has changed the way she views the world
Now in its sixth edition, the IP Case Law Conference was focussed on the notion of ‘growing through change’
Nick Redfearn and Khanh Nguyen of Rouse discuss Vietnam’s latest identification in the 2026 Special 301 Report and how the country is taking genuine steps to meet US expectations
Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Gift this article