EMI's Capital Records is suing video sharing site Vimeo over what the site call lip dub videos. The problem, says the lawsuit is just not that Vimeo shares these video, as YouTube and dozens over other sites do, but also that Vimeo actively promotes them.
According to the complaint Vimeo “induces and encourages its users to upload…audiovisual works,” which it then distributes. Vimeo empliyees, according to the complaint engage in “making, selecting, commenting on, and at times choosing to delete” videos using music that Capital EMI controls.
Lip Dub - Flagpole Sitta by Harvey Danger from amandalynferri on Vimeo.
In fact, one of Vimeo's earliest success came via a viral video of company staffers lip-syncing to Harvey Danger’s "Flagpole Sitta" and other similar videos have followed which Capital says “actively promotes and induces" infringement. Earlier this year, Universal lost a copyright suit against video site Veoh who successfully argued that it was protected by the laws “safe harbor” provision states that video sites are not liable for content that users upload as long as they take it down when notified by copyright holders.
Capital EMI's legal filing against Vimeo:
