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

Tennessee Governor Signs Bill Requiring Warnings on Adult Stores

Governor Bill Lee on Tuesday signed into law a bill requiring adult stores, theaters and other establishments in Tennessee to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

New Kickstarter Rules Ban Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter has posted new “Mature Content” rules banning projects that involve adult content and sextech.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

AEBN Publishes Popular Searches for March, April

AEBN has published the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

STD Hero Joins Pineapple Support as Sponsor

Better Life Science brand STD Hero has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Show More