skip to main content
Close Icon We use cookies to improve your website experience.  To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy.  By continuing to use the website, you consent to our use of cookies.
Global Search Configuration


A recent court case in the US that has gone against the music industry has highlighted the fact that record companies have been ignoring the concept of “fair use”


  • Online service providers like YouTube and SoundCloud are coming under increasing pressure from rights holders to license content shared by their millions of users. The music industry is challenging US and European “safe harbor” provisions which enable service providers to disseminate music without licensing the content first.
  • While both sides are currently at loggerheads over who extracts the value produced by artists, they do have strategic objectives in common which may see them working more closely together in the future.

Features and Benefits

  • The research note details the recent "dancing baby" court case in the US concerning fair use
  • The research note examines how the ruling impacts on the recorded music sector's efforts to reduce copyright infringement

Key questions answered

  • What has the "dancing baby" court case in the US done for fair use defense against copyright infringement in the US?
  • What part is YouTube likely to play in the music industry's future?

Table of contents

Ovum view

  • Summary
  • Assessing the objectivity of fair use
  • Rights holder grumbles get louder
  • Can’t live with, can’t live without


  • Author

Recommended Articles


Have any questions? Speak to a Specialist

Europe, Middle East & Africa team - +44 (0) 207 017 7700

Asia-Pacific team - +61 (0)3 960 16700

US team - +1 646 957 8878

+44 (0) 207 551 9047 - Operational from 09.00 - 17.00 UK time

You can also contact your named/allocated Client Services Executive using their direct dial.
PR enquiries - Call us at +44 7770704398 or email us at

Contact marketing -

Already an Ovum client? Login to the Knowledge Center now