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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

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