MyVidster Links Don't Infringe Flava Works Copyrights, Appeals Court Rules

CHICAGO — A three-judge appellate panel has overturned Flava Works preliminary injunction against MyVidster.com, ruling that the social video bookmarking site did not infringe on copyrights when it embedded copyright-infringing versions of Flava Works content from third-party websites.

The ruling overturns a 2011 preliminary injunction, which blocked MyVidster from linking to Flava Works videos, which primarily focus on gay black and Latino talent

MyVidster allows visitors to bookmark videos of their choice. Users can watch their embedded videos on MyVidster's page through a frame of advertisements on the site.

A federal judge earlier found that MyVidster contributed to infringing activity by encouraging users to share illegal video downloads, but the 7th U.S. Circuit Court of Appeals on Thursday disagreed.

" MyVidster is not an infringer, at least in the form of copying or distributing copies of a copyrighted work. The infringers are the uploaders of the copyrighted work," 7th Circuit Judge Richard Posner wrote for the panel, which ruled 3-0 in favor of MyVidster.

"MyVidster is not just adding a frame around the video screen that the visitor is watching. Like a telephone exchange connecting two telephones, it is providing a connection between the server that hosts the video and the computer of MyVidster’s visitor.

"But as long as the visitor makes no copy of the copyrighted video that he is watching, he is not violating the copyright owner’s exclusive right, conferred by the Copyright Act, 'to reproduce the copyrighted work in copies' and 'distribute copies ...  of the copyrighted work to the public.'”

Flava Works may be able to obtain another injunction if it can show that MyVidster's service really does significantly contribute to the infringement of Flava's copyrights, Posner wrote, but so far it failed to meet that burden.

View ruling

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC: Utah Excise Tax on Adult Content Goes Into Effect October 1

The Free Speech Coalition (FSC) has issued an advisory that the Utah Excise Tax goes into effect tomorrow.

Segpay Parent Company Names David Press to Board

Segpay parent company Toccata Inc. has named payment industry veteran David Press to its board of directors.

Platform Pulse: Inside the Technology and Trends Powering the Direct-to-Fan Economy

For a brief, glittering moment, the fan-platform boom felt like a modern-day gold rush. The premise seemed simple: Open an account, post some tantalizing content and watch the subscriptions roll in. OnlyFans became a household name, "selling feet pics" became a cultural punchline and creators poured into the market hoping to claim their share of the action.

FSC Sets Dates, Qualifiers for December Board of Directors Election

The Free Speech Coalition (FSC) has published dates and qualifiers for its upcoming board of directors election.

Aylo Wins Preliminary Injunction Against Utah AV Law's VPN Rule

A federal court on Thursday issued a preliminary injunction preventing the state of Utah from enforcing a legal provision that would make adult websites liable if minors in the state circumvent geolocation efforts in order to bypass age verification.

Ofcom Investigates Pornhub's Device-Based UK Age Checks

U.K. media regulator Ofcom has opened an investigation to determine whether Pornhub parent company Aylo’s use of device-based age verification complies with the U.K.’s Online Safety Act.

'Studio Vanniall' Launches Through PAYSITE

Vanniall's official website StudioVanniall.com has launched through PAYSITE.

France Weighs Ban on Purchase of 'Remote' Sexual Services

The French National Assembly is considering a proposal to criminalize the purchase, and/or facilitation by online platforms, of sexual services performed remotely by streamers and custom content creators.

YourVids Launches Customizable Subscription Feature for Creators

YourVids has rolled out YourFans, a service that allows creators to design customizable subscription tiers, from which they receive 100% of the revenue.

Jennifer White Launches Official Site, Debuts 1st Release

Reigning XMAs Female Performer of the Year Jennifer White has launched her new website, JenniferWhite.com, and announced the upcoming release of the first feature-length title from her new production company.

Show More