Excellent treatment by our favorite IP blog, IPKat ,of the very complex copyright issues involved in the Premier League et al v. Google case:
“The silver lining for the Premier League was however found in section 411(c). Under this section a foreign work containing sounds and/or images which was first recorded simultaneously with its live transmission may obtain statutory damages in the absence of registration if the copyright owner serves the infringer an ‘Advance Notice of Potential Infringement.’ In their defence, YouTube/Google alleged that the plaintiffs could not ‘point to a single work for which they claim to qualify for the exception’ nor did they ‘satisfy the provision’s detailed notice requirements.’ In reply, the Premier League by way of their lawyer submitted a declaration that since 10 September 2008 the Premier League has served more than 340 Advance Notice on YouTube. District Judge Stanton held that this was satisfactory to amend plaintiffs complaint and YouTube/Google’s argument therefore failed.”
Complex stuff and the Premier League is not out of the woods.
See also Ben Sheffner’s excellent piece.