Vimeo Asks Court To Throw Out Copyright Suit
July 18, 2013 at 11:33 AM (PT)
IAC/INTERACTIVECORP. video-sharing website VIMEO is going to court to argue that federal law protects it against a VIVENDI SA copyright suit over music that includes recordings by THE BEATLES and THE BEACH BOYS, BUSINESS WEEK reports. U.S. District Judge RONNIE ABRAMS will hear arguments today on the motion to throw out the case; both sides filed written arguments earlier in the MANHATTAN court.
VIVENDI labels including CAPITOL RECORDS sued VIMEO in 2009 claiming that the website "induces and encourages its users to upload" copyrighted videos and songs it wasn’t authorized to display. Users post homemade videos in which they lip-synch to the infringed songs. VIMEO denied the allegation, saying it’s protected by the safe-harbor provision of the DIGITAL MILLENNIUM COPYRIGHT ACT. The safe-harbor rule applies if a site removes infringing material when informed about it.
The labels asked the judge to deny VIMEO’s motion, arguing in court filings that VIMEO can’t be protected by law because it knew that uploaded videos contained unauthorized copyrighted material, so the Judge should grant them partial summary judgment. If ABRAMS rejects the motions, the case will probably go to trial by jury.