Vimeo In Legal Trouble | Social Media Marketing for Churches

The contention over copyright infringement and the legal use of digital media has been the focus of much debate for at least the last fifteen years. The technology to monitor for copyright infringement and determine the identity of both those who post such content and those who download said content has experienced phenomenal advancements. However, determining what an Internet Service Provider (ISP) is responsible for concerning copyright infringement is proving more difficult to define. The Digital Millennium Copyright Act (DMCA) of 1998 is a tool intended to define actions and circumstances that constitute copyright infringement.

As if to underscore the current debate, two recent lawsuits are now in the process of litigation whose outcomes depend upon court interpretations of the decision in the lawsuit brought against YouTube by Viacom. A group consisting of several of the major recording labels in the music industry has brought one of these lawsuits against Vimeo. Vimeo is a User Generated Content (UGC) service. UGC services provide a means for users to upload their ?created? material for unrestricted viewing access on the internet. At the center of the conflict is the practice of posting ?lip-dub? videos to Vimeo?s servers.

Lip-dub material consists of video content that features user created lip-synching performances to music. So what is the big deal? Haven?t kids been doing this with popular tunes since the beginning of recorded music? The big deal is that the music is in a production of sorts and copyrighted. Posting that material for unrestricted viewing and download without permission of the record label or original artist violates the DMCA.

Although Vimeo is not guilty of copyright infringement in the sense that they have created content violating the statute, the legal team representing the recording label group contends that Vimeo is knowingly allowing or promoting the distribution of the copyrighted material. They further claim that Vimeo is responsible for reviewing all posted material and removing any of that material that infringes on legal copyrights.

In response, Vimeo claims that the DMCA safe harbor clause specifically states that general knowledge of a situation where copyrighted material may be in use does not make them liable for use of that material. Vimeo also argues that, in accordance with the law, they have procedures in place for people to report abuses of content, a dedicated staff for reviewing and removing content that violates terms of use and rules barring repeat offenders from use of their services. Additionally, Vimeo provides several examples where artists themselves have posted their own copyrighted material making it appear to meet the conditions for which the record label group is suing them.

If the attorneys for the record label group win, it is quite possible that the task of actively monitoring all submitted material will drive ISPs out of business. If, on the other hand, Vimeo prevails in their application of the DMCA safe harbor clause to their business, the practice of prosecuting for copyright infringement will have to proceed on a case-by-case basis.

Source: http://cometoourchurch.com/vimeo-in-legal-trouble/

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