Copyright (c) 2009 All rights reserved. http://works.bepress.com/jasonbreen Recent documents in Jason C Breen en-us Sun, 31 May 2009 07:00:28 PDT 3600 http://works.bepress.com/jasonbreen/1 http://works.bepress.com/jasonbreen/1 Thu, 01 Feb 2007 11:27:14 PST YouTube, and similar video web hosting services, have already been targets of copyright infringement lawsuits. YouTube's liability is most likely dependant on whether the service meets the requirements of the DMCA safe harbor for service providers under 17 U.S.C.A. § 512(c). This paper briefly examines how YouTube would fare under the different theories of copyright infringement and discusses whether the DMCA safe harbor would be available to YouTube if they were found liable as an infringer. The limited case law available indicates that the DMCA safe harbor will likely facilitate YouTube's continued existence, unlike services like Grokster, although YouTube would likely be found vicariously liable for copyright infringement.Published version can be found in the Texas Intellectual Property Law Journal (Volume 16, No. 1, Page 151, Fall 2007). Please refer to this updated version for all citations. Jason C. Breen Arts and Literature Computer Law Intellectual Property Law Law and Technology