Vimeo Sued For Audio Infringement

USS_Natas writes "Capitol Records and other labels have sued Vimeo in federal court, charging that the site's emphasis on 'original works' only extends to videos, and that songs are widely used on Vimeo without a license. The plaintiffs hope to prove that Vimeo staffers know about the infringement, since they've been doing it themselves." NewTeeVee has a PDF of the court filing in a Scribd frame.

Comments

All these suits and money changing hands

[nurb432]

Where do i get in on this deal? Since rational logic no longer applies, i want to sue someone too !

Re:All these suits and money changing hands

[maxwell demon]

As long as you don't try to own Steve Jobs' farting - his are inaudible.

You mean he's violating the copyright of John Cage?

Re:All these suits and money changing hands

[BoberFett]

If they're inaudible, how do Apple fanatics know when to rush up to him, bend over, and take a deep breath?

The Real Reason...

[bedroll]

I don't find the lawsuit itself particularly interesting. From the sound of it, I believe Capitol will win on at least one count of copyright infringement. The video itself obviously infringes, though I don't see how it does any damage to Capitol's property. Still, their hook is compelling from a legal point of view. Check out this excerpt from NewTeeVee:

The difference, according to Capitol, is that not only has Vimeo not tried very hard to protect copyright owners, but it actively encourages infringement. Capitol alleges that Vimeo’s use of copyrighted material is “not an accident,” claiming that the web site contains “a massive amount of content that features, and draws most (if not all) of its appeal from, the use of copyrighted works.” As a result, according to the complaint, Vimeo is not only aware of copyright infringement happening on its system, but “actively promotes and induces that infringement.”

What's interesting about this is that Vimeo's appeal is the high quality of its unique, user generated content. Just like in the video, the compelling element is not the song but they way in which their employees are lip syncing. I would go so far as to say that it's more interesting than the original video, though I haven't seen that in a decade. Vimeo is one of the user generated content sites that is relatively free from blatant copying. Perhaps copyrighted works are used as background music for these videos, but they are rarely, if ever, the central focus.

That's why Vimeo is being sued. Not because their site is rife with copyright infringement. Not because their site encourages infringement over unique content. Specifically because the community at their site has flourished into one that consistently puts out unique user generated content of high quality. Vimeo is like YouTube with the noise turned down. This scares the pants off the content industry.

As the trend towards Internet Television strengthens the monopolies of the content industry weaken. Quality user generated content is a direct competitor to professionally generated content. The content industry has a long history of using the legal system to ensure that they squash the competition. That's what they're doing here.

I feel bad for Vimeo. They made an innocent video to show what a fun-loving bunch of wacky kids they are at their little Web 2.0 start up. They probably thought that like other various mashups and non-malicious infringements that their video would either fly under the radar or become a success such that the content owner would appreciate the attention drawn to their work and see the positive aspects of it. What they didn't realize is that they've become the nemesis of big business. Big business does not treat its adversaries well.

Re:Seriously true...

[tepples]

So you think they'd still be sued if everybody used freely-licensed music

Yes, because ASCAP will be able to dig up something non-free that was written in the past 95 years and happens to sound like the freely-licensed music, making the free license invalid. We could end up with another Bright Tunes Music v. Harrisongs Music on our hands.

You have a vivid imagination

[Mathinker]

The MPAA have nothing to do with this litigation, since the video content in question are original works ("lip dubs").

Even if the MPAA were involved, they would have little trouble cooperating with RIAA. If someone were to post a clip of MPAA video redubbed with new RIAA audio, both organizations could sue independently. In other words, there would be no need for them to cooperate in the first place.

You are greatly confused, but I found your post highly imaginative (and terrifically wishful thinking)...