Home Categories Movie FX Next Step Trial, the Appeal Ruling is Out for ‘the Dancing Baby’ Lawsuit
Next Step Trial, the Appeal Ruling is Out for ‘the Dancing Baby’ Lawsuit

Next Step Trial, the Appeal Ruling is Out for ‘the Dancing Baby’ Lawsuit


If you haven’t heard of ‘the Dancing Baby’ lawsuit here is a brief history in early 2007 Stephanie Lenz did what any other great mother does, she uploaded a video of her child dancing to the internet. The baby was movin’ and groovin’ to Prince’s Let’s Go Crazy, and is utterly adorable. Just in case you also don’t know Prince is a stickler about copyright infringement and has sued dozens of internet based users in recent years. Sorry Steph, you messed with the wrong song. Quickly after she uploaded the video the Universal Music Group pulled it, claiming copyright infringement. Have you ever seen the Youtube sad face while trying to look for some silly video of a dog? That might be because of the song choice in the background BUT NO LONGER! This gal has claws, and came back calling their BS and argued the video was fair use, thus not breaking any part of the copyright law, and didn’t stop there! She counter sued Universal, for improperly using the Digital Millennium Copyright Act to target fair use cases. BAM. SNAP.

Needless to say this has been a long process, it’s 2015- EIGHT years after this first happened and yesterday important rulings were decided. The United States Court of Appeals for the Ninth Circuit helped pave the road to trial, stating that any copyright holder must consider fair use prior to sending a take down notice. No longer can their computers just troll the internet using keywords and auto-send a take down!

Corynne McSherry, the foundation’s legal director, had this to say in reference to the ruling “today’s ruling sends a strong message that copyright law does not authorize thoughtless censorship of lawful speech,”. While it doesn’t change the take-downs that have already happened, it might change where they go in the future. This case, depending on the final outcome, could mean quite the headache for companies who auto-issue take downs, and have done so in the past for users who think they lie in the fair use category.

Here is the video, what do you think copyright infringement or fair use?

Maddie Ferguson Growing up right outside of Princeton NJ, she spent much of her time with pals in make believe comic book worlds or out in her backyard looking for Totoro. Her greatest goal as a child was to grow up and become blue, thanks to night crawler, mystique and Dr Manhattan (just a few of her favorite blues!). While she has a love for any solid Disney/Pixar children's film, gotta love those feels!, she is an openly admitted horror addict. We know she has a problem but heck if she'll ever change! She enjoys filling her movie time looking for the next great scare, with amazingly hard to watch gore, and of course setting aside time for the occasional zombie + sushi movie nights with just about any face chewing zombie flick. Pandemic? Apocalypse? Zombeavers? She's got more than a few weapons in her liquor cabinet so bring it on!
  • Is “substantially awesome” a thing people say? Because this is substantially awesome.

    • MacAdie Ferguson

      Let’s make it a thing! And yes, this is a game changer for how the internet functions, and how the overall ‘policing’ of internet media happens. This means the big companies will actually have to put human hours into these instances, and it will be a lot tougher to monitor than just an algorithm or program that finds the keywords and just auto sends take downs. Exciting stuff!

      • The whole “policing a free promotion” thing has been bullshit from the start, imho. I am glad they’re going to have to really consider their actions before they just start destroying people’s content now.