SAN FRANCISCO- The lawsuit over a baby dancing to Prince's song "Let's Go Crazy" will proceed since a federal appeals court cleared the way for trial.

The lawsuit was filed by the baby's mother against Universal Music. She posted the video online and YouTube got a notice demanding it be removed because of a copyright infringement of the song. The appeals court ruled copyright holders can't demand content be removed without first determining whether they constitute "fair use." The term fair use allows segments of copyrighted material to be used for purposes of criticism, comment, research or in other limited circumstances without a license from the copyright owner.

The appeals court says a jury will have to determine if Universal determined that the video violated fair use.