Vimeo Sent To 2nd Circ. Over Pre-1972 Safe Harbor Issue

Law360, New York (January 2, 2014, 5:15 PM EST) -- A New York federal judge on Tuesday allowed video-sharing service Vimeo to file an immediate appeal with the Second Circuit over the hot-button issue of whether federal safe harbor for copyright infringement covers pre-1972 recordings.

U.S. District Judge Ronnie Abrams certified an interlocutory appeal of a September ruling in which she said that any claims based on songs released before Feb. 15, 1972 — recordings that are subject to state copyrights, not federal ones — are categorically excluded from the Digital Millennium Copyright Act's liability safe harbor for Internet service providers.

Coming in a broader infringement case against Vimeo from Capitol...

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