Category Legal

Gobble or be Gobbled? No. Stream or Be Steamrolled.

In this latest dispute between Talent and Owners, it’s worth remembering that Audiences don’t care about creator feelings nor corporations’ stock prices. I get it, I empathize with all sides. I’m not here to tell you which side is right,… Continue Reading →

Is WarnerMedia’s Move Film’s Bertelsmann/Napster Moment?

WarnerMedia may not have won over many in Hollywood but over time, Bertelsmann’s Napster deal & the subsequent missed opportunities may offer useful lessons. After getting near the bull’s eye with Hulu, Jason Killar’s Vessel didn’t have the outcome he… Continue Reading →

This is not Censorship

Take it from someone who was born in a country with censorship and severe punishment, when YouTube, Facebook et al. penalize a creator, it’s not censorship (I would know). YouTube levied a series of penalties against OANN, citing Covid related videos…. Continue Reading →

Irony: In Music, Spotify is Frenemy; YouTube is the BFF Labels Need More Than Ever

Nothing captures YouTube’s evolution as rights & advertising clearinghouse more than music’s love/hate relationship with pariah-turned-frenemy-turned belle of the media ball. Music and gaming content have always been the biggest content categories on YouTube. It’s thus not surprising that both… Continue Reading →

A Solution for YouTube’s ContentID That Would Solve Most of Its Other Problems (Brand-Safety, Algorithm)

YouTube’s latest scandal involves pedophiles. YouTube’s roots are in piracy, but over time its size has led it to face challenges with brand safety, algorithm trends, and much more. We sometimes conflate the causes of a given problem, but as I… Continue Reading →

Fair Use: A Legal, Business And Common-Sense Proposition

Recently, U.S. Circuit Judge Denny Chin concluded that Google’s book scanning amounted to fair use because it was “highly transformative” and “didn’t harm the market for the original work.” Judge Chin also rejected the Author’s Guild theory that Google was “depriving authors… Continue Reading →

Commercial Applications Of Fair Use

If you’re working in the online video world, you may have to contend with copyright challenges, so it’s helpful to know something about the law in this area. The biggest misconception surrounding copyright law is that commercial use nullifies, or… Continue Reading →

Fair-Use Cases That Have Shaped Copyright Law

The doctrine of fair use has developed through a series of court decisions over the years, codified in section 107 of copyright law.  For a primer on fair use, check out my first article on the topic. The courts consider each matter on a… Continue Reading →

What Fair Use Is — And How It Works

The Digital Millenium Copyright Act (DMCA) has provided user-generated content websites with four safe harbors that effectively put the onus on rightsholders to protect their intellectual property.  While 2012 saw the content lobby go nuclear on the DMCA and try to shift… Continue Reading →

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