Quote:
Originally Posted by gideongallery
viacom position is that any clip featuring their content no matter how much commentary, parody or other fair use, is still an infringement. (see the number of false takedown request they filed against youtube)
proving an employee uploaded the content, is a liability automagically for youtube unless you can prove that management authorized it.
conversely if viacom employee uploaded clips, youtube can claim "how can we tell the difference between those uploaded by joe blow 13 who happens to be an employee of viacom and joe blow 23 who isn't"
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The way I understand DMCA to work is that it allows you to use the defense that your site is "just a host" and that you and your company do not control the content of the site, that the users of the site do that and you only respond to take down request and flagged content. If your employees are uploading content or manipulating content before it is posted on the site it could very well violate the DMCA safe harbor. If they don't have that to hide behind then anyone who has copyrighted material on the site can sue them and there is a decent chance they will win.