[LINK] Fair use comes first in web video

[Adam Todd]

At 07:58 25/08/2008, David Boxall wrote:
><http://www.vnunet.com/vnunet/news/2224521/fair-comes-first-web-video>
> >
> > The ruling stemmed from the case of a mother who posted a clip on
> > YouTube <http://www.youtube.com/watch?v=N1KfJHFWlhQ> of her baby son
> > dancing to the tune of the Prince song /Let's Go Crazy/.
> >
> > The clip was later removed from YouTube when Universal filed a
> > takedown claim under the DMCA.
> >
> > The woman then filed suit against Universal, alleging that the video
> > constituted fair use and that Universal had thus wrongly ordered the
> > video to be taken down.
> >
>Would that tactic work in Australia?

Provided the use was up to 5% of the song, and there was no 
commercial gain, yes.