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Video Sharing Site Wins Ninth Circuit's Blessing
On Dec. 20, 2011, the Court of Appeals for the Ninth Circuit issued an opinion in UMG Recordings, et al. v. Veoh Networks, Inc., Docket No. 09-55902, holding that Veoh's activities were protected by a safe harbor provision in the Digital Millennium Copyright Act (“DMCA”) and thus could not infringe plaintiffs' copyrights.
Veoh operates a publicly accessible video sharing website, at which users could download music videos, including music videos owned by plaintiffs. Slip Op. at 1. The district court ruled that these activities were protected by the DMCA's “safe harbor” provision, which limits service providers' liability for “infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider.” 17 U.S.C. ' 512(c). Veoh had implemented several policies to prevent users from uploading infringing content, including a user agreement forbidding illegal activities and the application of filtering technologies that scan uploaded videos for matches with a database of copyrighted works. Slip Op. at 9.
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