Capitol Records Sues Vimeo Over "Lip Dub" Videos

Authored by Mark Hefflinger on December 16, 2009 - 12:03pm.

Los Angeles - Major record label EMI's Capitol Records has filed a copyright infringement suit against video-sharing site Vimeo, a unit of IAC (NASD: IACI), alleging that the company is actively encouraging users to upload copyrighted works, specifically in the form of fan-created lip sync videos to popular songs, NewTeeVee reported. The complaint alleges that Vimeo staff participates in "making, selecting, commenting on, and at times choosing to delete" videos that contain Capitol's copyrighted songs.

Therefore, the complaint argues, Vimeo should not be eligible for protection under the "safe harbor" clause of the Digital Millennium Copyright Act that shields service providers from copyright infringements committed by users of their services.

It's unclear under copyright law whether such a "lip dub" video could be construed as a "fair use" of a copyrighted song.

http://www.vimeo.com