The Ninth Circuit’s recent affirmation of the Federal District Court’s grant of summary judgment in UMG Recordings, Inc. v. Veoh Networks, Inc. can serve as a guide to online service providers (“OSPs”) seeking protection of the “safe harbor” provisions of the Digital Millennium Copyright Act (“DMCA”). If an OSP complies with the DMCA’s provision 512(c), the OSP can be insulated from copyright infringement liability that otherwise might ordinarily arise due to the infringing activities of customers who use the OSP’s services. Veoh operates a video sharing website, and UMG, a large music publishing company which owns both Motown and Def Jam, sued Veoh for direct and contributory copyright infringement because some of Veoh’s users were making unauthorized downloads of UMG’s music. Veoh, however, had been diligent in achieving its DMCA compliance, and so it filed a motion for summary judgment to get the District Court to declare that Veoh had found shelter from liability in the DMCA’s safe harbor, and it was successful, because the granting of the motion was affirmed by the Ninth Circuit. Other OSP’s who want to ensure their own DMCA compliance should look at the Ninth Circuit’s opinion closely.
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A DMCA compliance paint-by-numbers
- Fredrikson & Byron PA
- February 14 2012
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