A federal court recently affirmed that Veoh Networks, an online video Web site, qualified for safe-harbor protection under the Digital Millennium Copyright Act ("DMCA"). The court found that Veoh satisfied the safe-harbor requirements where it established a DMCA policy, actively took steps to limit infringement on the site, and removed infringing material when notified. Universal argued that Veoh was not eligible for the safe harbor because the company’s founders, employees, and investors allegedly knew of the infringing activity on the Web site. The court found that knowledge of such infringement on most Web sites is common, and not enough to disqualify Veoh from safe-harbor protections.
TIP: If you allow users to post to your Web site, ensure that you have a DMCA take-down policy in place and that you take down alleged infringing content upon appropriate notice.