This Dancing Baby Could Be Big Trouble For Music Companies

from Technology – The Huffington Post

SAN FRANCISCO (AP) — A federal appeals court Monday cleared the way for a trial in a copyright lawsuit over a YouTube video showing a baby dancing to the Prince song "Let’s Go Crazy."

The lawsuit was filed by the baby’s mother, Stephanie Lenz, after Universal Music sent a notice to YouTube demanding the video be taken down for violating the song’s copyright.

The 9th U.S. Circuit Court of Appeals said copyright holders can’t demand videos and other content that uses their material be taken down without determining whether they constitute "fair use."

Fair use allows segments of copyrighted works to be used for purposes of criticism, comment, research or in other limited circumstances without a license from the copyright holder.

Lenz said the video is fair use and Universal had failed to consider that before ordering the video taken down.

Universal said its procedures were tantamount to a fair use evaluation, according to the 9th Circuit ruling. The company also argued that considering whether material is fair use could slow its response to stamping out pirated versions of its work appearing on video-sharing sites.

The 9th Circuit said a jury would have to decide whether Universal had formed a good faith belief that the video violated fair use. The court agreed with a lower court that rejected both Universal’s motion to dismiss the lawsuit and Lenz’s motion to grant judgment in her favor.

The Electronic Frontier Foundation represented Lenz and said Monday’s ruling has ramifications beyond her case.

"Today’s ruling sends a strong message that copyright law does not authorize thoughtless censorship of lawful speech," EFF Legal Director Corynne McSherry said in a statement.

A call to a spokeswoman for Universal Music was not immediately returned.

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