Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 19 AUGUST 2016

Second Circuit Narrows 'Red Flag Knowledge' Exception To DMCA's Safe Harbor Protections For ISPs

Davis+Gilbert LLP
Davis+Gilbert LLP
Contributor
Davis+Gilbert LLP

Davis+Gilbert LLP

Legal mastery is critical but not enough. Even the best legal strategies must work in tandem with...

View firm profile
Explore more from Davis+Gilbert LLP

In a long-standing case brought against the video platform Vimeo by several music publishers, the U.S. Court of Appeals for the Second Circuit recently set the bar high for copyright owners to succeed in their infringement claims.

United StatesIntellectual Property
Marc Rachman
Marc Rachman
Claudia Cohen
Claudia Cohen
Author LinkedIn connections

In a long-standing case brought against the video platform Vimeo by several music publishers, the U.S. Court of Appeals for the Second Circuit recently set the bar high for copyright owners to succeed in their infringement claims against service providers based on allegations of "red flag knowledge."

The Second Circuit, shedding some light on what is needed to establish red flag knowledge, rejected the publishers' argument that Vimeo was not entitled to the Digital Millennium Copyright Act's (DMCA) "safe harbor" protections for numerous videos on Vimeo's platform that included their copyrighted music because the facts and circumstances made the infringements apparent.

DMCA Safe Harbor

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

UMG v. DistroKid: When AI Becomes A Consumer Protection Issue

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.
United StatesIntellectual Property
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Article

The Trademark Scam Field Guide: Look-Alike Filing Sites, Fake USPTO Notices, And How To Get Out If You’ve Been Caught

A business decides to file a trademark. Someone on the team searches for a familiar online legal-services brand, clicks the first result, and lands on a site with a similar-sounding name, a polished design, five-star reviews, and a low flat fee. The application gets filed. Months later the business learns the “service” was not who they thought it was, the filing was signed by someone with no authority to sign it, and the USPTO has suspended the application along with hundreds or thousands of others from the same shop.
United StatesIntellectual Property
Harness IP
Harness IP
Article

PTAB/USPTO Update - October 2026

The USPTO has released new templates and guidance for AIA trial proceedings, announced key appointments including a Chief AI Officer, and published updated procedures for patent applications and subject matter eligibility declarations. Director Squires delivered multiple addresses emphasizing the constitutional importance of intellectual property rights while the agency expanded its community engagement efforts and international collaboration through WIPO's Global IP Assignment Platform pilot program.
United StatesIntellectual Property
WilmerHale
WilmerHale
Article

U.S. Government Backs Fair Use For AI Training In OpenAI Copyright Litigation

The U.S. government has filed a Statement of Interest of the United States of America under 28 U.S.C. § 517 in the Southern District of New York multidistrict litigation over OpenAI’s use of copyrighted works to train large language models. The filing appears to be the federal government’s first direct intervention in the wave of artificial intelligence (AI) training copyright cases, and it advises the court to treat model training (separate from use of AI to generate outputs) on copyrighted text standing alone as a highly transformative fair use under current law.
United StatesIntellectual Property
Lowenstein Sandler LLP
Lowenstein Sandler LLP
Article

California Signs Landmark Online Child Safety Package

California has enacted the nation's most comprehensive online child safety legislation, banning addictive social media features for minors under 16, establishing strict companion chatbot regulations, and imposing enhanced civil penalties for platforms that harm children. Companies operating social media platforms or chatbots accessible to California children must now assess their products, audit features, and prepare compliance programs ahead of the laws' effective dates.
United StatesMedia, Telecoms, IT, Entertainment
Davis+Gilbert LLP
Davis+Gilbert LLP
Article

EU AI Act Guidance Expands AI Disclosure Rules For Advertisers And PR Teams

The European Union's AI Act introduces sweeping transparency requirements for AI-generated content, fundamentally redefining what constitutes a "deep fake" and imposing disclosure obligations that extend far beyond traditional understanding. With enforcement beginning August 2, 2026, companies using AI to create advertising, marketing materials, or public communications must navigate complex compliance requirements that may apply even to organizations with no physical presence in Europe.
European UnionMedia, Telecoms, IT, Entertainment
Davis+Gilbert LLP
Davis+Gilbert LLP
Article

California Becomes Second State To Require Disclosure Of Synthetic Performers In Advertising

California joins New York in mandating disclosure when AI-generated synthetic performers appear prominently in advertisements, establishing specific language requirements and broad enforcement mechanisms. The law creates new compliance obligations for advertisers, agencies, and media platforms while introducing nuanced differences from New York's framework. With the January 2027 effective date approaching, businesses must implement tracking systems and disclosure procedures to navigate this expanding regula
United StatesMedia, Telecoms, IT, Entertainment
Davis+Gilbert LLP
Davis+Gilbert LLP
Article

NYC’s “Click To Cancel” Rule Is Now In Effect: What Subscription Businesses Need To Know

New York City has become the first U.S. municipality to enforce its own subscription cancellation requirements, creating a new compliance layer for businesses with NYC subscribers. The rule prohibits unreasonable barriers to cancellation and requires companies that enroll consumers in person to offer online cancellation options. With complaint-driven enforcement, per-violation fines up to $3,500, and restitution measured from the first cancellation attempt, businesses must now navigate city-level regulation
United StatesConsumer Protection
Davis+Gilbert LLP
Davis+Gilbert LLP
Article

FTC Continues Crackdown On Subscription Businesses

The Federal Trade Commission has filed a sweeping complaint against Genesis Tech and related entities, alleging systematic deception in subscription funnels that lure consumers with free or low-cost offers while obscuring auto-renewal terms. The enforcement action signals heightened scrutiny of end-to-end consumer journeys, challenging not just missing disclosures but the overall impression created by quizzes, personalization claims, and pricing language that suggests one-time purchases. What compliance ris
United StatesConsumer Protection
Davis+Gilbert LLP
Davis+Gilbert LLP
Article

California Poised To Narrow The Reach Of The California Invasion Of Privacy Act

California's Senate Bill 690 represents a pivotal legislative response to the explosion of website-tracking lawsuits under the California Invasion of Privacy Act, specifically targeting claims brought under the pen-register provision that have generated thousands of cases since 2022. While the bill would eliminate private plaintiffs' ability to pursue these particular claims involving digital tracking technologies, it leaves other CIPA provisions intact and raises questions about how the litigation landscap
United StatesPrivacy
Davis+Gilbert LLP
Davis+Gilbert LLP