Secondary Liability for Copyright Infringement in the Web 2.0 Environment: Some Reflections on Viacom v. Youtube
Journal of International Commercial Law and Technology, Vol. 6, No. 1, 2011
14 Pages Posted: 30 Nov 2010 Last revised: 12 Apr 2014
Date Written: September 10, 2010
The lawsuit brought by Viacom and other copyright owners against YouTube underscores the uncertainties of the law of secondary liability for third-party copyright infringement. Particularly, it shows the strengths and weaknesses of the Digital Millennium Copyright Act, on which most Web 2.0 service providers heavily rely for protection from liability for their users’ infringements. This note explores the relationships between the protection granted by the DMCA safe harbors and the standards of secondary liability developed at common law, with special reference to that of inducement adopted by the U.S. Supreme Court in the Grokster case.
Keywords: YouTube, Viacom, Secondary Liability, DMCA, inducement, copyright
JEL Classification: K11, O34
Suggested Citation: Suggested Citation