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In the case of Prince vs. the dancing baby, the winner is …

In the case of Prince vs. the dancing baby, the winner is …
PHOTO COURTESY OF SHUTTERSTOCK

In 2007, Stephanie Lenz posted a super-cute video of her two young kids playing in the kitchen, and the younger one, a seriously cute baby, started dancing when Prince's "Let's Go Crazy" came on in the background. Ever since then, it seems, Prince and his record label have been filing lawsuits to get her to take the YouTube video down.

Prince and Universal music have been battling with Lenz for years. Her video is still posted, and has nearly 1.4 million views. She's got some big-name supporters on her side, including Google (which owns YouTube), Twitter and the advocacy group Electronic Frontier Foundation.

Prince, his record label and the Recording Industry Association of America want YouTube to take her video down for copyright infringement. Meaning, they want Lenz to pay up for using Prince's music.

This week, Lenz and her "dancing baby" got a big boost in their favor. They haven't won the case yet, but the United States Court of Appeals in San Francisco has given the case the go-ahead to go to trial. But, more significant, in making their decision, the three-judge panel from the Court of Appeals noted that copyright holders must consider Fair Use before taking legal action against people and sites like YouTube.

Under Fair Use, people can use copyrighted material without permission, but only in certain instances. Among those allowable instances is news reporting, criticism and commentary.

Watch Stephanie Lenz's "Dancing Baby" video here.

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