What Are ‘Red Flags of Infringement’? ¯\_(ツ)_/¯ — Capitol v. Vimeo

…recall from UMG v. Veoh how UMG claimed that every song from artists like Britney Spears was presumptively infringing, when in fact UMG only controlled part of the artists’ catalogs…

Another Tough Ruling for Print-on-Demand Vendors–Sid Avery v. Pixels

…for the manufacturing piece. The court wonders if Pixels has disqualifying “right and ability to control,” which the Veoh case defined as when the defendant “exert[s] substantial influence on the…

HuffPost Gets 512(c) Defense for Contributor-Uploaded Photo–Downs v. Oath

…of user submissions to post publicly.” Cohn’s addition of content tags didn’t change the analysis (cites to Io v. Veoh and the district court ruling in UMG v. Veoh). Red…

Bittersweet DMCA Safe Harbor Defense Win in Ninth Circuit–Ventura v. Motherless (Catch-Up Post)

…almost certainly would have run out of money long ago. So the courtroom result may be good, but like the Veoh case, it may be too much of a Pyrrhic…

DMCA Safe Harbor Applies to Some Unfair Competition Claims–Capitol Records v. Vimeo

…the dominant video hosting platform? Here’s one hypothesis to explore. It took YouTube nearly a decade, and well over $100M, to eventually settle its DMCA lawsuit. YouTube’s competitor Veoh won…

DMCA Safe Harbor Doesn’t Protect Zazzle’s Printing of Physical Items–Greg Young Publishing v. Zazzle

…online services while having offline interests as well. Zazzle lacked knowledge of the infringements. Citing Veoh, the court says the “constructive knowledge clause has been construed so narrowly in the…

Stock Music Library Wins DMCA Safe Harbor Defense–Hempton v. Pond5

…says this evidence of red flags is less than the evidence rejected in the Veoh case. Hempton argued that Pond5 had a direct financial interest in the infringements, as evidenced…

Vimeo’s Second Circuit DMCA Safe Harbor Win Over Capitol Records

…that has 31M videos. Like the UMG v. Veoh case, this case implicates the music on those videos, ranging from background music to “lip dubs.” Although Vimeo would screen videos…

9th Circuit Sides With Fair Use in Dancing Baby Takedown Case

…The Ninth Circuit’s embarrassing non-definition of willful blindness in the Veoh case (using a quadruple-negative sentence) highlighted that no one knows what the phrase means or when we’ll see it….

Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership

…not enough to take iTunes outside the scope of subsection 512(c) [cite to Io v. Veoh and Viacom v. YouTube]. The court then summarizes the open questions: On the one…