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 © 2025 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

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

New Age Verification Service 'BorderAge' Launches

French startup company Needemand has officially launched its subscription-based age verification solution, BorderAge.

Ruling: Italy's 'Porn Tax' Applies to All Content Creators

Italy’s tax revenue agency has ruled that the nation’s 25% “ethical tax” on income generated from adult content applies even to smaller independent online content creators.

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Industry Photographer, 'Payout' Founder Mike B Passes Away

Longtime industry photographer and publisher Michael Bartholomey, known widely as Mike B, passed away Saturday.

FSC Announces 2025 Board of Directors Election Nominees

The Free Speech Coalition (FSC) has announced the nominees for its 2025 Board of Directors election.

AdultHTML Launches Black Friday Web Design, Development Promo

AdultHTML has launched its annual Black Friday/Cyber Monday promo for web design and development, running through Dec. 5.

Canada Exempts Online Adult Content From 'CanCon' Quotas

The Canadian Radio-television and Telecommunications Commission (CRTC) has updated its broadcasting regulatory policies, exempting streaming adult content from “made in Canada” requirements that apply to other online material.

Show More