A federal judge has now thrown out a Universal Music Group lawsuit against Veoh Networks, based on a satisfactory DMCA-based defense. In a lawsuit initiated in the US District Court for the Central District of California roughly two years ago, UMG alleged copyright infringement, specifically by pointing to the presence of its content on the video-sharing site.
But in summary judgment, judge Howard Matz noted that Veoh was squarely within the 'safe harbor' as outlined by the Digital Millennium Copyright Act (DMCA). "Veoh has shown that when it did acquire knowledge of allegedly infringing material — whether from DMCA notices, informal notices, or other means — it expeditiously removed such material, and UMG has failed to rebut that showing," the opinion stated.
That echoes an earlier court decision, and Veoh hoisted the result as a big precedent for the broader, user-generated online video space. "The court's decision has implications well beyond Veoh by setting a precedent that online video sites are not liable for the actions of publishers in copyright cases as long as they work to protect copyrights and work within the provisions of the DMCA," said Joshua Metzger, senior vice president of Corporate Development and General Counsel at Veoh.
The decision clears up some confusion about online copyright infringement, particularly as it relates to the DMCA. In short, companies now have more confidence in their ability to steer clear of liability by conscientiously removing infringing content in response to take-down demands from a rights holder.
But that solution presents serious pitfalls for major media companies, mainly because of the extreme hands-on maintenance required. Meanwhile, a billion-dollar lawsuit hangs in the balance between Viacom and Google-owned YouTube, a far bigger fish in the legal pond.
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