A recent ruling in New York federal court may have repercussions of online use of clips on YouTube. The Court dismissed the lawsuit against YouTube for unauthorized use of clips showing Comedy Central clips of “The Daily Show” and “South Park.”
The Court ordered that You Tube was protected by the “safe harbor provisions” of the Digital Millenium Copyright Act. Thus, You Tube would not be guilty of any form of copyright infringement unless it had knowledge. It would be the burden of the party making the accusation of copyright infringement and not for You Tube to disprove.
Viacom argued that YouTube used unauthorized copyrighted material to draw visitors and make it more attractive for potential buyers. The argument was that YouTube benefited via ads placed next to videos.
Viacom plans to appeal the decision.
(via New York Times)
The ruling exemplifies the push and pull between copyright law and the DMCA. Still, if you operate a YouTube channel, you could still be subject to the takedown notice provisions of the DMCA. Also, if you find someone taking your work without your permission, you could use the takedown notice to your benefit.