Tur v. YouTube SJ Motions Denied

June 22, 2007 · by · in Copyright, Derivative Liability

By Eric Goldman

Tur v. YouTube, # cv-06-4436 (C.D. Cal. summary judgment motions denied June 20, 2007).

In the lawsuit by photojournalist Tur against YouTube, the judge has denied cross-motions for summary judgment based on 512(c). Tur’s motion (that YouTube isn’t eligible for 512(c)) was denied because he failed to present adequate evidence that YouTube has the right and ability to control the infringing activity.

YouTube’s motion (that Tur’s case is preempted by 512(c)) also was denied. The court said:

There is insufficient evidence regarding YouTube’s knowledge and ability to exercise control over the infringing activity on its site. There is clearly a significant amount of maintenance and management that YouTube exerts over its Web site, but the nature and extent of that management is unclear. YouTube also asserts that while it is able to remove clips once they have been uploaded and flagged as infringing, its system does not have the technical capabilities needed to detect and prescreen allegedly infringing videotapes. However, there is insufficient evidence before the Court concerning the process undertaken by YouTube from the time a user submits a video clip to the point of display on the YouTube Web site.