Legal Wraps: Nielsen Gets FTC Approval; Labels Allowed To Pursue Vimeo

• Nielsen has reached an agreement with the Federal Trade Commission obtaining clearance to go forward with its proposed acquisition of Arbitron which is expected to close on Sept. 30. The FTC issued a Decision and Order Sept. 20 announcing the agreement and its terms.

In a press statement, Nielsen addressed the transaction: “Nielsen’s agreement with the FTC is intended to preserve the competitive landscape in place before our announced intent to acquire Arbitron. It does not affect the strategic rationale of the acquisition or the anticipated benefits to Nielsen from the transaction. No Nielsen assets are affected by the FTC’s order. The FTC’s order effectively enables the continuation of a cross-platform project measuring TV, radio, PC, mobile, and tablet engagement which was announced by Arbitron in concert with ESPN and comScore, Inc. in September 2012. In the event that an FTC-approved third-party elects to agree to licensing terms and other requirements, Nielsen would make available for license Arbitron PPM and related data as well as software and technology currently being used in the ESPN project for the sole purpose of cross-platform measurement or up to eight years.”

• Labels are allowed to pursue Vimeo for copyright infringement, a federal judge in New York ruled last Thursday. Capitol Records and other major labels brought the legal action against the Barry Diller IAC-owned video website back in December 2009, alleging that the company copied and distributed recordings by artists like the Beatles, Beyonce’ and the Beach Boys. The company is one of the top 130 most-trafficked sites. Labels argued in the dispute that Vimeo had not taken sufficient actions to remedy infringements as they were discovered. Vimeo claimed it was free of liability, citing the safe harbor provisions of the Digital Millennium Copyright Act. But U.S. District Judge Ronnie Abrams denied that defense with respect to 55 of 199 videos in question where employees had some interaction.