Copyright a-Go-Go: Aereo, Google Books and Vimeo Challenges
There are a slew of copyright-related cases making their way through the Second Circuit, some even making it to the Supreme Court.
The Author's Guild filed an appeal with the Second Circuit on Friday, challenging the district court's ruling in favor of Google. The Second Circuit also agreed to hear arguments in a case brought by record companies against Vimeo. And next week, the Supreme Court will hear oral arguments in the Aereo case. Here's a breakdown of the latest news.
Google's Digital Library
Last November, Judge Chin of the Southern District of New York granted Google's motion for summary judgment and dismissed a case against the tech giant brought by the Author's Guild, challenging Google's practice of scanning and digitizing millions of books. Last December, the Authors Guild filed a notice of appeal with the Second Circuit, and last Friday, it filed its appellate brief.
The Authors Guild is asking the Second Circuit to reverse Judge Chin's grant of summary judgment in favor of Google, and is asking the court to grant its own motion for summary judgment, and remand to the district court to determine remedies.
Vimeo's Music Videos
A group of record companies sued Vimeo for copyright infringement, but this case was unique in that it was not Vimeo's own infringement that was at issue, but that of its users. In September, Judge Abrams of the Southern District of New York, ruled that the Digital Millennium Copyright Act's safe harbor did not provide blanket protection to Vimeo. Instead, the court ruled that where Vimeo employees interacted with videos (such as liking them, or placing them on a whitelist to avoid terms-of-service violations), or where pre-1972 music was used, the record companies could proceed to trial.
Last week, the Second Circuit granted Vimeo's petition for leave to appeal an interlocutory order.
Aereo's Big Day
Next week the Supreme Court will hear oral arguments in American Broadcasting Companies, Inc. v. Aereo, Inc., a closely watched case by the media and tech industries. The case has garnered support on both sides of the issue with many amicus briefs filed in support of both parties, notably with the United States filing a brief in support of the broadcasters.
While we don't know whether Aereo will find the success it did in the lower courts, Aereo's founder is confident he will win, and has no 'plan B' in place if they lose, reports Entrepreneur.
- 2nd Cir News: Google's Fair Use, Judge Scheindlin and Mr. Charbucks (FindLaw's U.S. Second Circuit Blog)
- Television Broadcasters Not Happy with Aereo; Petition for Cert (FindLaw's U.S. Second Circuit Blog)
- Supreme Court Grants Cert in Aereo and Argentina Cases (FindLaw's U.S. Second Circuit Blog)
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