Logourl black
From our private database of 14,200+ case briefs...

Viacom Int'l, Inc. v. YouTube

United States Court of Appeals for the Second Circuit
679 F.3d 19 (2d Cir. 2012)


Facts

YouTube (defendant) was a website that allowed users to upload and view videos for free. In order to upload a video, a user was required to accept YouTube’s terms and conditions, which stated, among other things, that any content the user uploads could not be infringing. Viacom International, Inc., et al. (plaintiffs) were copyright owners whose content was infringed upon on YouTube’s website. The plaintiffs brought suit against YouTube for direct and secondary copyright infringement. The plaintiffs presented evidence of emails and a report from the YouTube creators referencing well-known infringing content on the YouTube website. The district court granted YouTube summary judgment under a safe harbor provision in the Digital Millennium Copyright Act (DMCA). Specifically, the district court held that YouTube did not have actual knowledge or awareness of specific infringing activity as required by 17 U.S.C. § 512(c)(1)(A) and that such knowledge was necessary for an internet service provider (ISP) to have the right and ability to control such activity under 17 U.S.C. § 512(c)(1)(B). The plaintiffs appealed.

Rule of Law

Issue

Holding and Reasoning (Carbranes, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 237,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.