Case: Copyrights/Procedure (2d Cir.)

The Second Circuit granted in part and denied in part this petition by musical recording rights holders seeking rehearing of an earlier decision ruling that they waived the argument that Vimeo Inc. and Connected Ventures LLC’s encouragement of users to make infringing lip-dub videos may constitute a form of right and ability to control infringement, thus risking forfeiture of the safe harbor provided by the Digital Millennium Copyright Act. The court rejected the rights holders’ contention that they didn’t waive the argument, but granted their petition in so far as it seeks to remove a footnote discussing whether argument is ...