November 2008

By Richard Raysman and Peter Brown

As the popularity of Web video continues to grow, so too does the potential for contributory copyright infringement on popular video-sharing Web sites. These Web sites become venues for infringing behavior, simply due to the sheer number of users uploading new videos daily. Consequently, content owners have contended that such Web sites must take a greater role in stemming their users’ infringement. The Web site owners have countered that they need only follow the dictates outlined by the DMCA safe harbors that can immunize service providers from copyright liability. Thus, both sides continue to dispute what it means to be compliant with the DMCA. They also dispute which entity should bear the ultimate responsibility for policing video-sharing sites for infringing content: the Web site owner or the content owner.

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