Veoh Not Liable for Infringing Video Clips Uploaded by Its Users, CA Court Finds

Holding:

In this copyright infringement dispute that pitted video-maker IO Group, Inc. ("IO") and video-sharing website Veoh Networks, Inc. ("Veoh"), the U.S. District Court for the Northern District of California ruled that Veoh should not be held liable for infringing video materials that are uploaded by its users. The District Court held that qualified service providers like Veoh are protected by the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”) that protects them from liability for claimed copyright infringement. Here, Veoh has instituted safeguards to qualify for coverage under such provisions. In particular, Veoh has an active system for dealing with copyright infringement on its site, ranging from having a "copyright agent" whose job it is to take care of complaints from copyright owners to a policy that terminates users who continue to upload infringing videos. In sum, far from encouraging copyright infringement, Veoh has a strong DMCA policy, takes active steps to limit incidents of infringement on its Web site and works diligently to keep unauthorized works off its Web site. On the basis of the foregoing, the District Court granted Veoh's motion for summary judgment.

Detailed Summary:

This is a civil action for alleged copyright infringement. Presented before the District Court were the parties’ cross-motions for summary judgment. Plaintiff IO moved for summary judgment on liability. Defendant Veoh sought summary judgment that it qualified for “safe harbor” under the DMCA, 17 U.S.C. § 512. Order, p. 1.

By way of background, IO, doing business as Titan Media, produces, markets and distributes a variety of adult entertainment products, including audiovisual works. It holds and owns a number of registered copyrights for its films. Id, p. 2. On the other hand, Veoh is a self-described “Internet Television Network,” which provides…

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