Communications Litigation Today was a Warren News publication.

Supreme Court Denies Cert in Capitol Records v. Vimeo Pre-1972 Recordings Case

The Supreme Court has denied a petition for a writ of certiorari Monday from Universal Music Group's Capitol Records, EMI and other record labels seeking a review of the 2nd U.S. Circuit Court of Appeals' 2016 ruling against the labels' claims that Vimeo ignored infringing content posted to its website. The 2nd Circuit ruled that pre-1972 recordings included in videos are covered by safe harbor provisions in Digital Millennium Copyright Act Section 512 (see 1606160071). ABKCO Music & Records and RIAA backed labels' petition in amicus briefs. RIAA said the 2nd Circuit's ruling “upends the law on which the music industry has come to rely.” UMG and Vimeo didn't comment. The Supreme Court separately heard oral argument Monday in the TC Heartland v. Kraft Foods Group Brands patent venue law review case (see 1703270053).