Background
Many of you have heard about the dancing baby and have probably seen the video on YouTube.
Stephanie Lenz made a home video of her young children dancing to “Let’s Go Crazy”, a song written and recorded by the artist formally known as Prince. Lenz then posted the thirty-second video on YouTube. In response to a Digital Millennium Copyright Act take-down notice from Universal Music indicating that the video infringed the copyright in “Let’s Go Crazy”, YouTube removed the video. Lenz got the video re-posted by sending YouTube a counter notice. Then, with the help of the Electronic Frontier Foundation (EFF), she launched a lawsuit against Universal Music. Lenz and EFF argue that the video usage of “Let’s Go Crazy” is a fair use and that Universal Music’s issuance of the takedown notice was bad faith and constitutes misrepresentation under the DMCA.
