POSTED BY Abner Pinedo
YouTube is an efficient video sharing website owned by Google. It is known as the second largest search engine in the world. It is easy for just about anyone to upload any kind of media online nowadays. People use it for, including but not limited to, streaming music, television shows, tutorials, and news. However, over the past few years YouTube has been struggling in the realm of Copyright law and has fought fiercely.
In the past and currently, YouTube, as an Online Service Provider (OSP), protects itself using the Digital Millennium Copyright Act’s (DMCA) safe harbor provisions found under 17 U.S.C. § 512, which exempts service providers from liability of infringement for a copyrighted work’s transmission. If YouTube is aware of any material on their website that violates a copyright holder’s rights it removes the video. At this point, the subscriber that originally uploaded the “infringing” material has an opportunity to counter YouTube (OSP) and can republish the material, if they so desire. This is were most lawsuits arise in the context of YouTube.
The most recent battle between YouTube and Viacom—owns MTV, Comedy Central, and Nickelodeon—deals with YouTube’s posting of Viacom’s programs on their website without their permission. Google was able to reach licensing agreements with several other entertainment companies, but were unable to reach an agreement with Viacom. Viacom originally sued YouTube back in 2007 for the alleging infringement of 79,000 unauthorized clips. Viacom’s unsuccessfully attempted to narrowly define the Online Service Provider definition in order to oust YouTube from its safe harbor protection. Recently, Viacom and Google have finally reached an undisclosed settlement agreement after a seven-year legal battle.
Over the course of the suit, YouTube has become a well-rounded copyright citizen. Viacom’s aggressive arguments of YouTube knowledgeable awareness of infringement has aided in YouTube’s new stricter take-down policies enabling them to work with more content owners. Through YouTube’s advertisement tactics and monetary opportunities they have created new opportunities for many known and unknown copyright owners. Now that the suit has finished it is only a matter of time before YouTube and Viacom agree to a partnership, increasing YouTube’s popularity and viewership success.
