>That's not the same thing as a performance clearly tied to the song; one in which the particular song is a key element of the video.

What performance? Would you really call a kid dancing to a song a "performance"? Do you think the kid wouldn't be dancing if any other song was on?

In addition, performance is actually a legal term which will probably mean some sort of training and/or practice. This is not a performance. I don't think ANY court will agree with this being a performance.