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 toHowever, in 2008, Fogel . 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." against 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 ; 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.