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

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.

Not only must a website owner comply with the above mentioned steps, but for any protection from or application of the DMCA to your website you must comply with the inclusive set of rules I identified in this previous trademark-infringement post.

In the recently settled case of Viacom v. Google / YouTube, Judge Stanton found that Google / YouTube complied with the DMCA’s Safe Harbor provisions. For more details on how the courts find the Safe Harbor provision satisfied actual case opinion can be found here.