The Dancing Baby grooves on

November 2015

Recorded music, internet



The ‘Dancing Baby’ case is not over – with BOTH sides aiming for a rehearing: Whilst at the time of the appellate court’s judgement, the EFF called it “an important win for fair use,” now both the EFF (which is representing the plaintiff, Stephanie Lenz, who filmed her then toddler dancing to Prince’s “Let’s Go Crazy” ) and Universal Music Corp. have requested an en banc rehearing from the Ninth Circuit. It seems the EFF are looking to streng the case for ‘fair use’ by breathing new life in section 512(f), which allows the targets of illegitimate takedowns to sue the people who sent the invalid notices – potentially arguing that on the facts of this case, Universal could not possibly have acted in ‘good faith’ when issuing a DMCA takedown’ notice  The Universal petition claims that Lenz had no standing for an appeal in the first place because she was not injured by the takedown. UMG will also ask the court to clarify some of the language in the opinion.


And have a look at this excellent article by Serona Elton on the Music Business Journal here

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