Vimeo Can't Use Safe Harbor To Dodge Copyright Lawsuit

Law360, New York (September 19, 2013, 8:47 PM EDT) -- Video-sharing service Vimeo lost a bid Wednesday to dismiss Capitol Records' copyright lawsuit over user-generated lip-sync videos when a federal judge ruled that some of the videos might not qualify for safe-harbor protection.

Vimeo — a subsidiary of Barry Diller's IAC/InterActiveCorp — will now have to face infringement claims over at least 55 videos uploaded by users that lip-synced various songs owned by Capitol Records, itself a subsidiary of Vivendi SA.

Vimeo had claimed that it was shielded from any liability for all 199 videos at issue in the case under the Digital Millennium Copyright Act's safe harbor provision, but U.S....

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