The U.S. Supreme Court this week is considering hearing the “dancing a baby case,” pitting a Pennsylvania mother against Universal Music Corp. who claims that the mother violated copyright ten years ago in posting a home video of her little boy dancing to a Prince song. (Constitution Daily, October 27, 2016, by Lyle Denniston)
The high court indicated they had more than a passing interest in the case when they asked the U.S. Solicitor General about the government’s stance on the case. The Ninth Circuit Court of Appeals ruled that copyright owners must consider fair use before taking down content backing a key contention by the Electronic Frontier Foundation who is representing the mother. But the court also stated: “If, however, a copyright holder forms a subjective good faith belief the allegedly infringing material does not constitute fair use, we are in no position to dispute the copyright holder’s belief even if we would have reached the opposite conclusion.” (The Hollywood Reporter, October 31, 2016, by Eriq Gardner)