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Capitol Records fights Vimeo copyright protections in Second Circuit

October 12, 2023

A dozen record labels argued the video-hosting platform contributed to copyright infringement by encouraging "lip dubs" that used unlicensed music. MANHATTAN (CN) — A dozen record labels asked the Second Circuit Court of Appeals on Thursday to hold Vimeo accountable for copyright infringement, saying the company ignored red flags when employees encountered recognizable recordings on the video-hosting website.Major labels — led by Universal Music Group’s subsidiary Capitol Records — initially sued Vimeo in Manhattan federal court. Other labels joining the lawsuit included Caroline Records, Virgin Records, Stone Diamond Music Corporation and several EMI subsidiaries.While the federal court in New York acknowledged Vimeo’s employees watched videos for their content and knew they contained copyrighted music, the court granted the company summary judgment because it did not have “the right and ability to control” users’ infringing activity.The federal court also affirmed that the Digital Millennium Copyright Act, or DMCA, grants providers safe harbor from infringement claims, regardless of whether the recordings were published before or after 1972.The so-called “safe harbor” provisions have typically protected internet providers and other intermediaries from such claims under the DMCA, passed under Bill Clinton’s administration.Capitol Records argued that the lower court erred in its judgment by underestimating Vimeo’s

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