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ARTICLE · 03 AUGUST 2016

DMCA Safe Harbor Protection Includes Pre-1972 Recordings

McDermott Will & Emery
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The Second Circuit explained that the safe harbor provision of the DMCA protects material posted on websites of online hosts from liability, even for so-called pre-1972 recordings.

United StatesIntellectual Property
Ulrika Mattsson
Ulrika Mattsson
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Vacating a district court’s decision, the US Court of Appeals for the Second Circuit explained that the safe harbor provision of the Digital Millennium Copyright Act (DMCA) protects material posted on websites of online hosts from liability, even for so-called pre-1972 recordings that are not covered by federal copyright law. Capitol Records LLC, et al. v. Vimeo LLC, Case No. 14-1048 (2d Cir., June 16, 2016) (Leval, J).

A group of record and music publishing companies filed suit against Vimeo, an online video platform, alleging that Vimeo was liable for copyright infringement because of 199 videos posted on Vimeo’s website. The videos contained musical recordings for which the plaintiffs owned the rights. Vimeo requires its users to upload only material that they have either created or participated in the creation thereof. Vimeo moved for summary judgment, arguing that it was protected by the safe harbor provision under 17 USC § 512 (c).

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