Posts Tagged ‘viacom’

YouTube and eBay Protected by the DMCAs Safe Harbor Provision Even Though they are Used Widely to Facilitate the Distribution Copyright-Infringing Property

Friday, July 9th, 2010

Major copyright owners in the entertainment industry and in popular fashion have been frustrated by recent court rulings reinforcing the protection offered by the Digital Millennium Copyright Act’s (DMCA) Safe Harbor Provision. The Safe Harbor Provision draws its authority from the DMCA Title II, the Online Copyright Infringement Liability Limitation Act.

The Safe Harbor Provision protects online service providers (OSPs) from copyright and trademark infringement liability if the service providers follow certain steps;

1) An OSP must take measures to preventtrademark infringement counterfeiting, and

2) After being notified of infringing content by the copyright owner or his agent, the OSP must promptly take down the content in question, and

3) The OSP must take steps to prevent repeat infringers.

Recently we drew your attention to the lawsuit between the entertainment industry giant Viacom and Google where Viacom was alleging more than $1billion in damages. Judge Stanton set a very high bar for any plaintiff wishing to prove that a defendant had actual knowledge of any specific instance of infringing content. More on that suit can be found here;

Viacom v. Google / YouTube Continued- the Trademark-Infringement Lawsuit Between Viacom and Google / YouTube Receives Summary Judgment

Friday, July 2nd, 2010

In an article posted Monday about Judge Stanton’s ruling in the form of summary judgment in favor of Defendants Google and YouTube, the contours of the Digital Millennium Copyright Act’s (DMCA) Safe Harbor provision were explored. The authors noted that to be able to appeal to the protection offered by the DMCA’s Safe Harbor provision;

“Any website that allows users to post comments or materials, including on blogs and bulletin boards, must do the following:
(1) identify an agent to receive complaints of infringement and register that agent with the Copyright Office;
(2) publish on the website the procedures that copyright owners must follow to arrange for the take down of infringing content;
(3) follow a takedown procedure that complies with the DMCA; and
(4) establish a policy and procedures for preventing repeat infringers from posting content on the website.”

The DMCA takedown procedure (3) is spelled out with reference to the appropriate authorities here.

Continue reading Viacom v. Google / YouTube Continued- the Trademark-Infringement Lawsuit Between Viacom and Google / YouTube Receives Summary Judgment »

U.S. District Court Rules that Google Inc.’s YouTube Video Sharing Website did not Run Afoul of Trademark-Infringement on Rights Owned by Movie and Television Producer Viacom Inc.

Wednesday, June 30th, 2010

Google acquired YouTube back in 2006 for a whopping $1.65 billion. This investment has been tested in a lawsuit brought against Google and YouTube by the TV and movie copyright owner Viacom. However, Google was granted some breathing room last Wednesday when the U.S. District Judge Louis Stanton for the Southern District of New York said YouTube wasn’t liable for infringement under the alleged violations stemming from the Copyright Act of 1976.

trademark infringementBack in March both Google and Viacom had asked the court for summary judgment rulings in their favor. Viacom argued that YouTube was financially benefitted by allowing users to post and share programs including “The Daily Show With Jon Stewart” and “South Park” on its website without authorization from Viacom (owner of these copyrighted materials).

In Viacom’s complaint, they clearly demonstrated to the court YouTube’s role in aiding and facilitating the direct infringement of Viacom’s copyrighted online content;

Continue reading U.S. District Court Rules that Google Inc.’s YouTube Video Sharing Website did not Run Afoul of Trademark-Infringement on Rights Owned by Movie and Television Producer Viacom Inc. »