No longer does it seem that a copyright infringer is "anyone who violates any of the exclusive rights of the copyright owner." Now, one who uses the copyrighted material without the permission of the owner is not an infringer until the court decides that the infringer has gone too far in appropriating content that he or she did not create. This new world order was most recently challenged in Viacom International Inc. v. YouTube, Inc. This Article will explore why the Viacom/YouTube litigation should be the case that reestablishes the rights of copyright owners and clarifies the seemingly disparate views of copyright ownership between the Ninth and Second Circuits, in addition to reconciling the most prominent copyright decisions of the Supreme Court.
William Henslee, Copyright Infringement Pushin': Google, YouTube, and Viacom Fight for Supremacy in the Neighborhood That May Be Controlled by the DMCA's Safe Harbor Provision, 51 IDEA 607 (2011)