Controversy

Published on September 21st, 2015 | by Alan Cross

3

The 8-Year Dancing Baby Copyright Lawsuit Saga

It was just a 29 second clip, but the issue surrounding its use has dragged on for eight years. Amber Healy from brother site, Geeks&Beats reports.

A smiling toddler bopping around in the kitchen while mom listens to music is nothing new. Neither is mom wanting to share that moment with friends and family and posting a video of her cute kid to YouTube.

But an eight-year-old video, with Prince’s “Let’s Go Crazy” in the background, might be a precedent-setting lawsuit in the Internet age, when it’s common practice to upload videos of everyday life.

On Sept. 14, the US Court of Appeals for the Ninth Circuit, in San Francisco, issued a ruling in an ongoing lawsuit filed against Universal Music Group by Stephanie Lenz, the mom who took a short video of her kids and received a takedown order from the record company. At the time, Universal, which owns the copyright to Prince’s song, claimed she violated their legal rights by using the song without express permission.

All this over a 29-second video in which at least two children are running around in their home while mom holds a recording device and the Prince song is playing in the background. The song isn’t the focal point of the video, nor was it dubbed in on purpose after the footage was filmed.

The court decided that prior to filing a takedown notice, which requires a website like YouTube to remove something from its page and gives the poster a chance to argue his or her case, the copyright holder has to consider whether the original poster can make a “fair use” argument.

Why should you care? Read on.




Tags: ,


About the Author

is an internationally known broadcaster, interviewer, writer, consultant, blogger and speaker. In his 30+ years in the music business, Alan has interviewed the biggest names in rock, from David Bowie and U2 to Pearl Jam and the Foo Fighters. He’s also known as a musicologist and documentarian through programs like The Ongoing History of New Music.


Related Posts


3 Responses to The 8-Year Dancing Baby Copyright Lawsuit Saga

  1. Pingback: A Journal of Musical ThingsSwift, McCartney and others Take Aim at YouTube via DMCA - A Journal of Musical Things

  2. Pingback: A Journal of Musical ThingsGoogle Called Out for "Greenwashing" Piracy - A Journal of Musical Things

  3. Pingback: A Journal of Musical Things“Dancing Baby," Prince Case Shuffling Off to the Supreme Court? - A Journal of Musical Things

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Back to Top ↑
  • FOLLOW ALAN


  • EntertainmentTO

    Music Tech MeetUp

    EntertainmentTO is the best way to expand your knowledge and network within Toronto’s Entertainment Tech community. Our mission is to inspire and empower those interested in shaping the future of Entertainment, including music, video, sports, and gaming.

    EntertainmentTO is led by Alan Cross, best known nationally and internationally as host of the syndicated radio series The Ongoing History of New Music, The Edge, Q107, and more.

    Join us as we bridge the gap between technology, innovation, and entertainment.

  • Twitter