Overview

The interplay between copyright protection and those advocating the unfettered expression and distribution
of content continues. In the latest, much-anticipated round, online service providers and advocates of wide distribution and expression of content prevailed.

The US District Court for the Southern District of New York has held that generalized knowledge of copyright infringement is insufficient to deny safe harbor protection to online service providers (such as YouTube) under the Digital Millennium Copyright Act (the DMCA), with respect to those providers’ storage of user-provided content.1 (See 17 U.S.C. § 512(c)).

This safe harbor is critical, because it generally shields service providers from monetary liability for hosting infringing content.

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