DMCA Does Not Provide Safe Harbor from Copyright Infringement in All Cases
The United States Court of Appeals for the 2nd circuit recently overturned a district court decision in Viacom International Inc. et al v. YouTube Inc et al, No. 10-3270, and a companion case of The Football Association Premier League Ltd et al v. YouTube Inc, No. 10-3342. While the Digital Millennium Copyright Act (DMCA) typically provides a safe harbor from copyright infringement liability for websites which post third party content such as YouTube, the 2nd circuit found that there was a potential jury issue as to whether or not YouTube fell outside the safe harbor provisions of the Digital Millennium Copyright Act. Instances where a website host or owner loses its DMCA immunity include:
- When the website operator has actual knowledge of specific copyright infringement;
- Where the website operator has “red flag” awareness of specific instances of copyright infringement;
- When the website operator demonstrates “willful blindness” in allowing copyrighted videos or other content to remain on its website.
You can read more about the lawsuit here and the court’s full ruling is embedded below.