The colossal copyright infringement lawsuit against Vimeo has moved forward following a new ruling issued by a federal judge in New York last week. Capitol Records among other labels are suing the user-generated video site for distributed seminal sound recordings by major artists including The Beatles, Daft Punk, Radiohead, Beyoncé and more. The majority of the videos at issue are so-called “lip dub” where users have recorded themselves executing elaborate lip-synching numbers to hit songs.
In September 2013, a U.S. District Judge granted summary judgment in favor of Vimeo with regards to 136 out of 199 videos that were reviewed. Of the remaining videos at issue, Judge Ronnie Abrams found in the plaintiffs’ favor on 20 videos and held off on making a judgment on 43 videos. In her ruling, Judge Abrams did note that “lip-dubs” are not necessarily fair use. The judge certified interlocutory appeals allowing Vimeo to ask the 2nd Circuit Court of Appeals to consider whether a service provider’s viewing of user-generated video containing a copyrighted song gives rise to knowledge of infringement and whether DMCA’s safe harbor provisions are applicable to pre-1972 sound recordings. The case has been stayed pending a determination by the 2nd Circuit.
What are your thoughts on the fate of Vimeo?