A recent ruling in an ongoing dispute between record label UMG and now-defunct online video platform Veoh may have confirmed and set several significant precedents on how DMCA safe harbor clauses will be interpreted.
--- # [](https://www.innovation-asset.com/) - [Decipher®](https://www.innovation-asset.com/products-decipher) - [Services](https://www.innovation-asset.com/products/professional-services-0) - [Resources](https://www.innovation-asset.com/resources) - [Blog](https://www.innovation-asset.com/blog) - [About Us](https://www.innovation-asset.com/about) - [Contact Us](https://www.innovation-asset.com/contact) # Innovation Asset Blog # Rulings shed light on copyright safe harbor dynamics by [Peter Ackerman](https://www.innovation-asset.com/blog/author/peter-ackerman) The so-called safe harbor clauses associated with the Digital Millennium Copyright Act (DMCA) have come under increased scrutiny in recent years as new forms of content creation and distribution have strained the 20th century legislation. A [recent ruling](http://cdn.ca9.uscourts.gov/datastore/opinions/2013/03/14/09-55902.pdf) in an ongoing dispute between record label UMG and now-defunct online video platform Veoh may have confirmed and set several significant precedents on how copyright liability will be interpreted. For online content providers and aggregators such as Veoh to meet DMCA safe harbor guidelines, they must promptly respond to takedown requests concerning potentially infringing material, confirm that they had no "actual knowledge" of infringing behavior and demonstrate that they received no financial benefit from infringing content over which they hold the "right and ability to control." According to [TechCrunch](http://techcrunch.com/2013/03/24/some-rules-of-the-road-for-user-uploaded-content-platforms/), the Veoh decision now makes it clear that the "actual knowledge" and "red flag" language associated with infringement awareness on the part of the platform provider will be interpreted rather narrowly. While UMG pointed to news articles from 2007 which broadly implied Veoh's infringement policing protocols were somewhat lax, the court was satisfied that all concrete takedown requests were responded to appropriately and no internal emails or documents suggested an awareness of any questionable content which was not being addressed. Online service providers cannot simply plead ignorance and resist action until they receive formal compliance notes, however, according to [Forbes](http://www.forbes.com/sites/danielfisher/2013/03/14/appeals-court-upholds-dmca-protection-for-veoh-sidestepping-youtube/). In similar but separate litigation involving YouTube, for example, there is still some doubt as to whether the video service used its full weight in rooting out and disabling access to infringing material.  ### [Peter Ackerman](https://www.innovation-asset.com/blog/author/peter-ackerman) Founder & CEO, Innovation Asset Group, Inc. [March 24, 2013](https://www.innovation-asset.com/blog/rulings-shed-light-on-copyright-safe-harbor-dynamics) ### Subscribe to Email Updates ### Introducing Decipher® ### Categories - [Intellectual Property Management (459)](https://www.innovation-asset.com/blog/topic/intellectual-property-management) - [Commercialization and Licensing (210)](https://www.innovation-asset.com/blog/topic/commercialization-and-licensing) - [Invention Disclosure (201)](https://www.innovation-asset.com/blog/topic/invention-disclosure) - [Innovation Strategy (20)](https://www.innovation-asset.com/blog/topic/innovation-strategy) - [Ideas for Good (6)](https://www.innovation-asset.com/blog/topic/ideas-for-good) - [Innovation Team (3)](https://www.innovation-asset.com/blog/topic/innovation-team) ### News Archives - [January 2013 (26)](https://www.innovation-asset.com/blog/archive/2013/01) - [September 2012 (25)](https://www.innovation-asset.com/blog/archive/2012/09) - [October 2012 (22)](https://www.innovation-asset.com/blog/archive/2012/10) - [November 2012 (22)](https://www.innovation-asset.com/blog/archive/2012/11) - [November 2010 (21)](https://www.innovation-asset.com/blog/archive/2010/11) - [February 2011 (21)](https://www.innovation-asset.com/blog/archive/2011/02) - [July 2012 (21)](https://www.innovation-asset.com/blog/archive/2012/07) - [December 2012 (21)](https://www.innovation-asset.com/blog/archive/2012/12) - [January 2012 (20)](https://www.innovation-asset.com/blog/archive/2012/01) - [March 2012 (20)](https://www.innovation-asset.com/blog/archive/2012/03) ##### Portland, Oregon USA ##### © Innovation Asset Group, Inc. ##### [Privacy Policy](https://www.innovation-asset.com/privacy-policy/) | [Terms & Conditions](https://www.innovation-asset.com/terms-and-conditions/) | [Contact Us](https://www.innovation-asset.com/contact/) -