3 Count: Lip Dub

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: Capitol Records Fights Vimeo Copyright Protections in Second Circuit

First off today, Nika Schoonover at Courthouse News Service reports that the Second Circuit Court of Appeals held a hearing where record labels said that the video streaming service Vimeo ignored red flags and even actively encouraged copyright infringement on its service.

The record labels filed the lawsuit alleging that Vimeo was home to widespread copyright infringement and that the company was ignoring clear infringements and even encouraging them by rewarding “Lip Dub Stars” who pretend to sing along with popular songs.

However, the lower court ruled against the labels, finding that Digital Millennium Copyright Act (DMCA) safe harbor provisions protected them as Vimeo didn’t have “the right and ability to control” the infringing activity. The labels appealed the ruling, saying that Vimeo’s actions were well beyond the scope of the DMCA’s protections and that the lower court erred in its judgement. No decision was rendered at the hearing.

2: Court Orders Torrent Site Operators to Pay €489 Million in Piracy Damages

Next up today, Ernesto Van der Sar at Torrentfreak writes that, in a court in France, two people connected with the piracy site T411 have been handed prison sentences and ordered to pay €489 million ($516 million) in damages to rightsholders.

The site was shuttered during the summer of 2017. However, the criminal case against the site’s operators moved slowly due to the fact that many involved with the site were not based in France. However, the Canadian creator of the site, identified as Mr. Jolicoeur, has been sentenced to a stint of three years in prison and, in addition to the damages, ordered to pay a €150,000 ($158,000) fine.

Jolicoeur was not in court, though a warrant for his arrest has been issued, and Canadian authorities have been asked to execute it. The court also sentenced a Ukrainian man, who was in the courtroom, to 18 months in prison, though he served his time in pre-trial detention and has already been releaed. Several local moderators of the site were ordered to pay minimal damage awards of €250 ($260) but received no prison time.

3: Too Much Funky Music? Lawsuit Targets East Lansing Bar Over Song Licensing

Finally today, Dan Basso at the Lansing State Journal reports that a Grand Rapids, Michigan bar is among a list of businesses targeted by music publishers for allegedly playing music to the public without first obtaining a license.

The lawsuit was filed by the American Society of Composers, Authors and Publishers (ASCAP), who claims to have sent multiple messages and warnings to Dublin Square Irish Pub & Restaurant but the company behind it “refused all of ASCAP’s offers” to secure a license for the music. As such, ASCAP filed a lawsuit against the bar’s owners, alleging that it played various songs including Play That Funky Music by Wild Cherry without a license.

In addition to Dublin Square, ASCAP has filed similar lawsuits against a dozen other establishments across the country, including Topeka, Houston, Releigh and more.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.