Dancing Baby video court battle resumes

A copyright row over a "Dancing Baby" video resumes today, October 16, in a United States court as an electronic rights group seeks to convince a California judge that a record label violated the law when it demanded that the video be taken offline.

 

The Electronic Frontier Foundation argued Universal Music Corp. violated the law when it sent video-sharing site YouTube a takedown demand against the home movie where a toddler dances to a Prince song.

 

"Parents are allowed to document and share moments of their children's lives on a forum like YouTube, and they shouldn't have to worry if those moments happen to include some background music," said EFF Intellectual Property Director Corynne McSherry.

 

McSherry added content companies also need to be held accountable when their heavy-handed tactics squash fair use rights.

 

"We hope the judge gives (Stephanie) Lenz the closure she deserves, and shows content owners they can't trample over users' rights," McSherry said.

 

The case started in 2007 when Lenz posted on YouTube a 29-second video of her young son dancing in the kitchen to "Let's Go Crazy" playing in the background.

 

Universal Music Publishing Group claimed the video violated copyright law, and had the video removed from YouTube.

 

But with the EFF's help, Lenz filed a lawsuit asking the court to hold Universal accountable for YouTube to take down her fair use.

 

"In a key victory early in the case, the court held that content owners must consider fair use before sending copyright takedown notices," the EFF said.

 

On Tuesday, McSherry will ask the court to grant Lenz's motion for summary judgment in this case and rule that Universal's takedown was improper and an abuse of the Digital Millennium Copyright Act (DMCA). — TJD, GMA News