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

BranditScan Launches 'Referral Rush' Promo

BranditScan has launched its Referral Rush promotion for creators.

2025 AltStar Awards Nominees Announced

Nominations have been announced for the 2025 AltStar Awards, aka the AltPorn Awards, presented by Bad Dragon.

AI Erotic Storytelling Platform 'AIEroticSmut' Launches

AIEroticSmut.com, a DIY erotic storytelling platform, has officially launched.

TeamSkeet, MYLF to Launch New Website FamilyStrokes.com

Sister studios TeamSkeet and MYLF are launching a new website, FamilyStrokes.com.

AV Bulletin: Age Verification Hits the Mainstream, Ofcom Sets a Date

Industry stakeholders and free speech advocates have anxiously been awaiting the Supreme Court’s decision in Free Speech Coalition v. Paxton, which could significantly impact state age verification laws around the country. In the meantime, state legislatures continue to weigh and pass AV bills, AV tech providers continue to tout their services, and legal challenges continue to play out in the courts — with some cases on hold pending the SCOTUS ruling in Paxton.

Segpay Names Kristi Greer VP of Sales

Segpay has promoted long-time employee Kristi Greer to the position of vice president of sales.

BranditScan Names Subgirl Newest Brand Ambassador

BranditScan has named content creator Subgirl its newest brand ambassador.

Arcom Reports Age Verification Enforcement Actions Against 5 Adult Sites

French media regulator Arcom released a statement Tuesday detailing recent actions to enforce age verification rules as set forth under France’s Security and Regulation of the Digital Space (SREN) law.

Pineapple Support, Clips4Sale to Host Support Group for Performers' Partners

Pineapple Support and Clips4Sale are hosting a free online support group for partners and family members of adult industry professionals.

FSC Mourns the Loss of Board Director Emeritus Mark Kernes

Free Speech Coalition has released a statement regarding the passing of Board Director Emeritus Mark Kernes.

Show More