Gray on Copyright Infringement and the First Amendment: User-Generated Content and DMCA Interpretation @StanfordLaw
Megan Gray, Stanford Center for Internet & Society; Gray Matters, has published Copyright Infringement and the First Amendment: User-Generated Content and DMCA Interpretation — Youtube. I Tube. We All Tube. Here is the abstract.
Under the Digital Millinium Copyright Act (DMCA), YouTube can be held liable for copyright-infringing material on the site if — as the hosting site — it has actual (“red flag”) knowledge or control and a direct financial benefit from that copyright infringing content.
Download the article from SSRN at the link.