Quote:
Originally Posted by kane
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.
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but the issue is not as cut and dry as people seem to make it here
first of all what if the employee in question did it on his own,
what if the employee action was fair use
The fact that employee did it for case 1 doesn't make them guilty for case 100-10,000.
if they were acting as just a standard youtube user at the time of the upload (ie uploading videos at lunch/break for what they believed/was the fair use of commentary-- look at quest crews best dance routine)
should that still be covered by DMCA.
there is a huge amount of grey area on youtube side of an employee uploading
conversely there is no similar level of grey area on the viacom side, because as i pointed out youtube could use how can we tell the difference arguement if they find a single authorized upload.