Second Circuit Clarifies DMCA Safe Harbor in Viacom v. YouTube | White & Case LLP International Law Firm, Global Law Practice
Second Circuit Clarifies DMCA Safe Harbor in Viacom v. YouTube

Second Circuit Clarifies DMCA Safe Harbor in Viacom v. YouTube

White & Case Technology Newsflash

In a much anticipated decision, the Second Circuit has clarified the contours of the Digital Millennium Copyright Act's (DMCA) safe harbor for website operators that allow users to post content to their sites.

In Viacom Int'l, Inc. v. YouTube, Inc., No. 10-3270-cv (2d Cir. Apr. 5, 2012), the court vacated the district court's summary judgment decision that YouTube was immune from liability under the DMCA and remanded for further fact-finding. Along the way, the court addressed "a series of significant questions of statutory construction" concerning the DMCA, answering some of them, providing guidance on others and leaving several issues for another day. This case has broad implications for both content owners and website operators that host user-uploaded content.

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