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Intellectual Property Law
: Trademark BlogDon't Sing-a-long: Capitol v Vimeo re 'Lip Dub' Videos
By Marty Schwimmer
Lip Dub - Flagpole Sitta by Harvey Danger from amandalynferri on Vimeo.
Vimeo is a video-sharing site (owned by InterActive Corp). It apparently hosts many videos consisting of 'lip dubs,' like the one above actually performed by the Vimeo staff. Plaintiff record labels allege that Vimeo is no 'so-called video sharing service' as it induces such infringing works.
The video above appears to reproduce a copyrighted work in its entirety (I have no way of knowing if the creator of the video received authorization). IO Group v Veoh and UMG v Veoh discuss video-sharing service liability. Plainitff will attempt to show how Vimeo's behavior takes it out of the Veoh cases analysis.
Should I worry that my son is filming his friends and himself singing to songs, and then uploading them to YouTube, where they are viewed in the ten's of ones? If the labels go after him, my son can't afford me. I will have to turn to the EFF.
Full post as published by Trademark Blog on December 14, 2009 (boomark / email).
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