2nd Circ. Wary of Excluding Pre-'72s From DMCA Safe Harbor

Law360, New York (November 6, 2015, 7:14 PM EST) -- Hearing arguments in Capitol Records' long-running copyright case against video sharing site Vimeo, a panel of Second Circuit judges appeared highly concerned Friday about the consequences of excluding so-called pre-1972 recordings from the Digital Millennium Copyright Act's system of Internet safe harbors.

The DMCA's safe harbor shields online hosts from copyright liability for infringing material posted by users, but it's unclear whether they apply to songs recorded before Feb. 15, 1972 — which are covered by state-level quasi-copyrights, not actual federal copyrights.

In September 2013, the federal judge overseeing Capitol Records' case ruled that the safe harbor did not shield Vimeo...

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