How Capitol Records V. Vimeo Shapes The Content Stream

Law360, New York (October 11, 2013, 5:10 PM EDT) -- With the continuous rise in popularity of user-generated content, social media platforms, including streaming content and media-sharing services, increasingly face the threat and actuality of copyright litigation by content owners — most notably the record and motion picture industries. This litigation often alleges secondary liability, claiming that the service provider either contributed to an infringement committed by a user of its service, or knew about the infringement and financially benefitted from it. In 1998, Congress enacted the Digital Millennium Copyright Act, which includes powerful safe harbors from copyright liability for these service providers — if they meet a fairly complex series of statutory requirements. As the federal judiciary develops a more sophisticated body of law on the DMCA and its safe harbors, it effectively fine-tunes the rights and obligations of service providers seeking the protection of the safe harbors....

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