Capitol Records LLC et al v. Vimeo LLC et al, No. 14-1048 (2nd Cir. 2016)

Document type
Court Decision
Video-sharing website Vimeo LLC cannot be held liable for copyright infringement for unknowingly hosting older music (pre-1972) uploaded by its users. The 2nd U.S. Circuit Court of Appeals in New York held that the safe harbors provided by the Digital Millennium Copyright Act (DMCA) protect qualifying website operators from liability from such pre-1972 recordings, even though they are not covered by federal copyright law. The Court also held that the mere fact that Vimeo employees had viewed videos with copyrighted sound recordings was not enough to prove the company ignored red flags of infringement. 
Topic, claim, or defense
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
Host (Including Social Networks)
Type of law
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)