Naslov
What does Viacom v. YouTube decision from April 5, 2012 Change in the Online Service Providers’ Liability for Copyright Infringements Committed by their Users?

Autori
Zgrabljić Rotar, Dora

Izvornik
Medijska istraživanja (1330-6928) 18 (2012); 5-19

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
Online Service Provider; Copyright Infringement; Indirect Liability; Digital Millennium Copyright Act; Safe Harbor; Viacom v. YouTube

Sažetak
In 2007, Viacom sued YouTube for direct and secondary copyright infringement requesting damages in the amount of over 1 billion dollars. Later on the court joined a related action by the Football Association Premier League and various film studios, television networks and music publishers, turning it into a massive class action against one of the most popular web sites in the world. In the United States, these types of web sites generally fall within one of the judiciary or legislatively created safe harbors. The District Court decided that YouTube falls within a safe harbor, so Viacom appealed. The decision of the Second Circuit Court of Appeals was rendered on April 5, 2012. Although remanded to the District Court for further proceedings, there are indications that YouTube will not be granted safe harbor protection. Some strategies an online service provider can implement to acquire safe harbor protection can be reexamined in light of this decision and the existing case law. After a general introduction to the indirect copyright infringement in the United States law and the facts of the Viacom v. YouTube litigation, some recommendations for online service providers have been offered.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA