BizTech Law Blog
If you own or are operating a video or file sharing website that utilizes another's content (read another's copyrights) the following case presents you with a valid defense. If you are the user whose copyright has been infringed, this law is worth knowing before proceeding with costly litigation.
Veoh Networks - a video hosting website - sought protection under the Digital Millennium Copyright Act's safe harbor provision against a user's infringement claims. The user claimed Veoh (1) knew of and failed to remove infringing videos uploaded by other users; (2) had the ability to control infringing activity on its system; and (3) that its infringer policy was inadequate.
Veoh's repeat infringer policy of eliminating a user after a second warning was not unreasonable or inappropriate under the DMCA. While a service provider is required to control and remove infringing content to comply with the statute, the DMCA does not place the burned of rooting out the infringement on the service provider.
Video and filing sharing providers should take due care in appropriately drafting an infringement policy that is rigourously and uniformly followed.
For more information you should consult with a trained legal professional in this area and review the case of UMG Recordings, Inc. v. Veoh Networks, Inc., 2008 WL 5423841 (C.D. Cal. Dec. 29, 2008).
