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Ninth Circuit Court Sides with Mom in Dancing Baby Case Citing Fair Use Review

What happens when you shoot video of your toddler learning how to walk and the Prince song “Let’s Go Crazy” is playing in the background?

In 2008, if you were Stephanie Lenz, a Pennsylvania mom, you would’ve received a “take down” letter from Universal exerting their rights under the Digital Millennium Copyright Act that establishes a potential copyright violation,and forces the material to be “taken down” unless the offender puts up a fight.

Stephanie Lenz put up a fight claiming that her video of her son learning to walk in the kitchen was a harmless fair use of a popular song. Today the 9th Circuit ruling established that the music industry to take a more considered approach to copyright evaluation before sending the take down letters.


Prince video case: California court makes it tougher for music, movie industries to take down Web postings


BREAKING: Fair Use Review Must Precede DMCA Takedowns, 9th Circ. Says

Law360, New York (September 14, 2015, 11:44 AM ET) — The Ninth Circuit ruled Monday in a closely watched suit known as the “dancing baby case,” finding copyright owners must consider the fair use doctrine before sending Digital Millennium Copyright Act takedown notices to online hosts like YouTube.

Siding with Stephanie Lenz and rights group Electronic Frontier Foundation, the appeals court said copyright owners like Universal Music Group can only send takedown notices if they’ve come a good faith conclusion that the targeted upload is not a protected fair use of the copyrighted work.

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Formed in 1989, Denbeaux & Denbeaux is a law firm dedicated to providing top level legal representation to its clients. The partners, Marcia Denbeaux and Joshua Denbeaux, as well as senior and associate attorneys, represent individuals and businesses in New Jersey State and Federal Courts.