independent and unofficial
Prince fan community site
Sat 7th Dec 2019 4:22pm
Welcome! Sign up or enter username and password to remember me
Forum jump
Forums > Prince: Music and More > Dancing baby vs. YouTube-Prince case set to go to trial
« Previous topic  Next topic »
  New topic   Printable     (Log in to 'subscribe' to this topic)
Author

Tweet     Share

Message
Thread started 01/25/13 8:19am

2020

avatar

Dancing baby vs. YouTube-Prince case set to go to trial

http://news.cnet.com/8301-1023_3-57565776-93/dancing-baby-vs-youtube-prince-case-set-to-go-to-trial/

Dancing baby vs. YouTube-Prince case set to go to trial

A judge rules that a jury will decide on the legal battle between Universal Music and a mother who posted a YouTube video of her children dancing to a Prince song.

Dara Kerr
January 24, 2013 7:11 PM PST

The woman who posted a video of her children dancing to the Prince tune "Let's Go Crazy" and has since waged nearly a six-year legal fight with Universal Music Group over the clip, may see her day in court.

US District Judge Jeremy Fogel ruled today that a summary judgment will not decide this case, which means that if the two parties don't settle, this lawsuit will proceed to a jury trial.

The whole suit got started in 2007 when Prince asked YouTube to remove the clip of the dancing boys. When the clip got scrubbed, the baby's mother, Stephanie Lenz, cried foul and filed suit asking for damages. The woman's lawyers at the Electronic Frontier Foundation (EFF) say the dancing-baby clip is the poster child for "fair use."

However, in 2008, Fogel threw out Lenz's suitagainst Universal, calling Lenz's argument that Universal was misusing its copyright weak. But EFF rapidly filed a second complaint just 10 days later. Later that same year, Fogel threw Lenz a lifeline and didn't yank the case again; instead, he gave more weight to the concept of fair use.

Now, Fogel said that if the two sides can't come to a truce, a jury will have to decide what is fair use.

"As the Ninth Circuit recently has observed, the process of making a fair use determination 'is neither a mechanistic exercise nor a gestalt undertaking, but a considered legal judgment,'" wrote Fogel.

At the same time, Fogel wrote that EFF will have to prove "a demonstration of some actual knowledge of misrepresentation" on the part of Universal.

The greatest live performer of our times was is and always will be Prince.

Remember there is only one destination and that place is U
All of it. Everything. Is U.
  - E-mail - orgNote - Report post to moderator
Reply #1 posted 01/25/13 9:24am

djThunderfunk

avatar

WTF?!? confuse

I thought this crap was settled a couple years ago...

REEFER MADNESS!
Joe Biden still thinks marijuana is a gateway drug:
https://www.businessinsid...t-2019-11/
  - E-mail - orgNote - Report post to moderator
Reply #2 posted 01/25/13 9:28am

babynoz

I thought this case was settled too. What the hell happened?

Prince, in you I found a kindred spirit...Rest In Paradise.
  - E-mail - orgNote - Report post to moderator
Reply #3 posted 01/25/13 9:42am

OnlyNDaUsa

avatar

Prince could end it with a phone call and paying her legal bills.

No one is coming for your abortion: they just want common-sense abortion regulations: background checks, waiting periods, lifetime limits, take a class, and a small tax.
  - E-mail - orgNote - Report post to moderator
Reply #4 posted 01/25/13 9:51am

XxAxX

avatar

babynoz said:

I thought this case was settled too. What the hell happened?

sad somewhere out there, an attorney or two needed more billable hours and decided to go after mr 'deep pockets' nelson.....

  - E-mail - orgNote - Report post to moderator
Reply #5 posted 01/25/13 9:52am

TheFreakerFant
astic

avatar

Just drop it Prince, be compassionate, it's not as if she's some guy deliberately out to rip you off, really not worth all the negative publicity this will inevitably generate......

  - E-mail - orgNote - Report post to moderator
Reply #6 posted 01/25/13 10:36am

OnlyNDaUsa

avatar

TheFreakerFantastic said:

Just drop it Prince, be compassionate, it's not as if she's some guy deliberately out to rip you off, really not worth all the negative publicity this will inevitably generate......

I think she is suing him.

No one is coming for your abortion: they just want common-sense abortion regulations: background checks, waiting periods, lifetime limits, take a class, and a small tax.
  - E-mail - orgNote - Report post to moderator
Reply #7 posted 01/25/13 10:44am

babynoz

OnlyNDaUsa said:

TheFreakerFantastic said:

Just drop it Prince, be compassionate, it's not as if she's some guy deliberately out to rip you off, really not worth all the negative publicity this will inevitably generate......

I think she is suing him.

The suit is against Universal...this is the order denying their motion to dismiss...

https://www.eff.org/files...082008.pdf

Prince, in you I found a kindred spirit...Rest In Paradise.
  - E-mail - orgNote - Report post to moderator
Reply #8 posted 01/25/13 10:47am

babynoz

EFF on behalf of Stephanie Lenz...

https://www.eff.org/cases...-universal

Prince, in you I found a kindred spirit...Rest In Paradise.
  - E-mail - orgNote - Report post to moderator
Reply #9 posted 01/25/13 10:54am

thedance

avatar

"Go baby go.."

Prince 4Ever. heart
  - E-mail - orgNote - Report post to moderator
Reply #10 posted 01/25/13 11:11am

Milty

avatar

this shit is petty.

  - E-mail - orgNote - Report post to moderator
Reply #11 posted 01/25/13 6:15pm

HatrinaHaterwi
tz

avatar

Kind of puts that Billboard bs about "he will listen to his fans and what they want", in its proper perspective, doesn't it? bored2

Here's what bothers ME:

Prince died of an overdose of the drug Fentanyl. Of which, it is very highly fucking likely that he never even knew he'd taken.
  - E-mail - orgNote - Report post to moderator
Reply #12 posted 01/25/13 6:19pm

crpaisleyfan

HatrinaHaterwitz said:

Kind of puts that Billboard bs about "he will listen to his fans and what they want", in its proper perspective, doesn't it? bored2

LOL.

  - E-mail - orgNote - Report post to moderator
Reply #13 posted 01/25/13 6:53pm

gollygirl

avatar

Even if she is suing Universal, people out there will think PRINCE and it will be negative to him with the general public. Even people that are not into Prince know of this case - embaressing neutral

Thank you Prince for every note you left behind đź’ś
  - E-mail - orgNote - Report post to moderator
Reply #14 posted 01/25/13 7:15pm

purplethunder3
121

avatar

"Music gives a soul to the universe, wings to the mind, flight to the imagination and life to everything." --Plato
  - E-mail - orgNote - Report post to moderator
Reply #15 posted 01/26/13 10:00am

TrevorAyer

I hope prince loses his purple ruffled shirt on this one .. he probably didn't even write 'lets go crazy' hep probably ripped it off from andre and dez and insisted they get no credit .. again

pardon my assness .. i have been reading dmsr .. and as a musician myself .. this book has confirmed many of my inherant suspicions regarding prince ability to write songs with others and give them proper credit .. its too bad he lost so many friends due to his unwillingness to give them proper credit and pay .. this dancing baby case really drives home the person prince really is and why his music no longer feels like there is any love in it at all

  - E-mail - orgNote - Report post to moderator
Reply #16 posted 01/26/13 10:01am

jon1967

pathetic ...

in the words of george lopez "can never do nothing!

  - E-mail - orgNote - Report post to moderator
Reply #17 posted 01/26/13 10:05am

NDRU

avatar

Wow, I had this all wrong. SHE is suing! Well, now I don't feel bad for her at all. If she believes in the cause, then more power to her, but she is no sad victim.

  - E-mail - orgNote - Report post to moderator
Reply #18 posted 01/26/13 10:08am

purplepolitici
an

avatar

i honestly can't stand children frolicking over over-played songs anyways

[Edited 1/26/13 10:08am]

If you can understand my color
Put your hand in your crotch
  - E-mail - orgNote - Report post to moderator
Reply #19 posted 01/26/13 10:16am

funkycat00

avatar

She needs to letitgo. lol

  - E-mail - orgNote - Report post to moderator
Reply #20 posted 01/26/13 11:42am

Timmy84

NDRU said:

Wow, I had this all wrong. SHE is suing! Well, now I don't feel bad for her at all. If she believes in the cause, then more power to her, but she is no sad victim.

Yeah exactly. I don't know what she thinks she'll gain from this...

  - E-mail - orgNote - Report post to moderator
Reply #21 posted 01/26/13 12:51pm

andykeen

avatar

TrevorAyer said:

I hope prince loses his purple ruffled shirt on this one .. he probably didn't even write 'lets go crazy' hep probably ripped it off from andre and dez and insisted they get no credit .. again



pardon my assness .. i have been reading dmsr .. and as a musician myself .. this book has confirmed many of my inherant suspicions regarding prince ability to write songs with others and give them proper credit .. its too bad he lost so many friends due to his unwillingness to give them proper credit and pay .. this dancing baby case really drives home the person prince really is and why his music no longer feels like there is any love in it at all



Agree'd

Keenmeister
  - E-mail - orgNote - Report post to moderator
Reply #22 posted 01/26/13 6:31pm

metallicjigolo

avatar

Regardless of how cute or harmless people think this video is, I think Universal will come out on top on this one. According to copyright laws these things should be taken into consideration...

The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

Copyright protects the particular way authors have expressed themselves. It does not extend to any ideas, systems, or factual information conveyed in a work.

The safest course is to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

When it is impracticable to obtain permission, you should consider avoiding the use of copyrighted material unless you are confident that the doctrine of fair use would apply to the situation. The Copyright Office can neither determine whether a particular use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

FL-102, Reviewed June 2012
Prince did an interview with a woman at Record World. They talked about whatever, then he asked her: "Does your pubic hair go up to your navel?" At that moment, we thought maybe we shouldn't encourage him to do interviews.
  - E-mail - orgNote - Report post to moderator
Reply #23 posted 01/27/13 9:26pm

TonyVanDam

metallicjigolo said:

Regardless of how cute or harmless people think this video is, I think Universal will come out on top on this one. According to copyright laws these things should be taken into consideration... The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.” Copyright protects the particular way authors have expressed themselves. It does not extend to any ideas, systems, or factual information conveyed in a work. The safest course is to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission. When it is impracticable to obtain permission, you should consider avoiding the use of copyrighted material unless you are confident that the doctrine of fair use would apply to the situation. The Copyright Office can neither determine whether a particular use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney. FL-102, Reviewed June 2012

TRANSLATION: When Prince says no, he means it. neutral

  - E-mail - orgNote - Report post to moderator
Reply #24 posted 01/27/13 10:29pm

metallicjigolo

avatar

TonyVanDam said:



metallicjigolo said:


Regardless of how cute or harmless people think this video is, I think Universal will come out on top on this one. According to copyright laws these things should be taken into consideration... The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.” Copyright protects the particular way authors have expressed themselves. It does not extend to any ideas, systems, or factual information conveyed in a work. The safest course is to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission. When it is impracticable to obtain permission, you should consider avoiding the use of copyrighted material unless you are confident that the doctrine of fair use would apply to the situation. The Copyright Office can neither determine whether a particular use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney. FL-102, Reviewed June 2012


TRANSLATION: When Prince says no, he means it. neutral



BINGO.
Prince did an interview with a woman at Record World. They talked about whatever, then he asked her: "Does your pubic hair go up to your navel?" At that moment, we thought maybe we shouldn't encourage him to do interviews.
  - E-mail - orgNote - Report post to moderator
Reply #25 posted 01/28/13 1:10am

Tremolina

This lady is sueing Universal for abuse of copyright. It was always against Universal and not Prince because they made sure the video was taken down.

The issue is a matter of principal not of money. The woman is voluntarily supported by a team of lawyers from the Electronic Frontier Foundation.

They feel this case is an example of where the fair use of a work was squashed by misusing copyright.

Legally they may not be completely right, but they have a point.

  - E-mail - orgNote - Report post to moderator
  New topic   Printable     (Log in to 'subscribe' to this topic)
« Previous topic  Next topic »
Forums > Prince: Music and More > Dancing baby vs. YouTube-Prince case set to go to trial