YouTube or YouLose? Can YouTube Survive a Copyright Infringement Lawsuit

摘要

YouTube, and similar video web hosting services, have already been targets of copyright infringement lawsuits. YouTube’s liability is most likely dependant on whether the service meets the requirements of the DMCA safe harbor for service providers under 17 U.S.C.A. § 512(c). This paper briefly examines how YouTube would fare under the different theories of copyright infringement and discusses whether the DMCA safe harbor would be available to YouTube if they were found liable as an infringer. The limited case law available indicates that the DMCA safe harbor will likely facilitate YouTube’s continued existence, unlike services like Grokster, although YouTube would likely be found vicariously liable for copyright infringement.