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Clipping YouTube — Second Circuit explains limits of DMCA safe harbors

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SKU: IIPon121. Category: .

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Abstract: Is an online service provider liable when it hosts content that’s copyrighted by another party without that copyright owner’s permission? Providers have claimed protection from copyright infringement liability under the safe harbor provisions of the Digital Millennium Copyright Act (DMCA). But this article looks at a recent decision by the U.S. Court of Appeals for the Second Circuit which explained the limits of that protection. A sidebar shows how the court addressed application of the “willful blindness” doctrine to the DMCA. Citation: Viacom Int’l, Inc. v. YouTube, Inc., No. 10-3270, April 5, 2012 (2nd Cir.)

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