Dancing baby video lawsuit: Copyright owners must consider “fair use”

Dancing baby video lawsuit: Copyright owners must consider 'fair use'

The lawsuit over a baby dancing to Prince’s song “Let’s Go Crazy” will proceed since a federal appeals court cleared the way for trial.

The lawsuit was filed by the baby’s mother, who posted the video, against Universal Music, which sent a notice to YouTube demanding the video be taken down for violating the copyright of the song.

The 9th U.S. Circuit Court of Appeals ruled Monday that 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.

The 9th Circuit said a jury would have to decide whether Universal had formed a good faith belief that the video violated fair use.