The Royal Scam: Content ID and Google’s Massive Profits From Piracy and Crime

Music Technology Policy

A prime example is YouTube’s standard practice of refusing to pay a revenue share retroactively after you catch them infringing your work using Content ID. That unjust enrichment creates an incentive to sharply limit the number of artists or songwriters who get access to Content ID in the first place. The majors using Content ID have to employ still other means to catch them, sometimes manually, at great cost.

Crews on The Case Against Social Media Content Regulation@wayne_crews

Media Law Prof Blog

Competitive Enterprise Institute, has published The Case against Social Media Content Regulation: Reaffirming Congress’ Duty to Protect Online Bias, 'Harmful Content,' and Dissident Speech from the Administrative State as CEI, Issue Analysis 2020, no. Clyde Crews, Jr.,

Actor Liability for Content – Entertainment Law Asked & Answered

Gordon P. Firemark

The post Actor Liability for Content – Entertainment Law Asked & Answered originally appeared on Entertainment Law Offices of Gordon P. AUDIO: TRANSCRIPT: [link]. Can an actor or voice artist be liable for performing scenes or quotes from existing plays, movies and TV shows? Hi, I’m attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level.

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Fagan on Optimal Social Media Content Moderation and Platform Immunities

Media Law Prof Blog

Frank Fagan, EDHEC Business School, is publishing Optimal Social Media Content Moderation and Platform Immunities in the European Journal of Law and Economics. Here is the abstract. This Article presents a model of the lawmakers' choice between implementing a new

2016 Guest Post by @schneidermaria: Content ID is Still Just Piracy in Disguise: An Open Letter to Rightsholders and a Music Industry Ready to Renegotiate with a Monster

Music Technology Policy

Content ID, YouTube’s digital fingerprinting technology, is under fire lately for very good reason. Originally touted by YouTube as an effective method of blocking illegal uploads, Content ID was ostensibly the service’s way to protect copyright holders. But Content ID quickly morphed into a self-serving massive moneymaker. YouTube dangles Content ID and monetization in general in front of music creators to lure us to participate. Content ID Offers a Pathetic Deal.

Formal vs. Informal Content: The Aha Moment

Pathgather

Because Pathgather aggregates formal learning content within organizations and informal learning from across the web into one place, we’re uniquely positioned to identify interesting corporate learning trends. For context, the kinds of formal and informal content we’re talking about: Formal Enterprise Content; Licensed or Produced Internally Internal Platforms: LMS, CMS, Cloud Storage, etc. Third-Party Content: Lynda.com, Coursera, Pluralsight, Khan, Udacity, etc.

The Ennui of Learned Helplessness: Article 13 and the Five Lies in YouTube’s Content ID

Music Technology Policy

The platform itself has been using a type of copyright filter, its home-brewed Content ID, for over a decade. The algorithm compares newly uploaded footage against a database of registered videos, and demonetises (or takes down) any post containing matching content [which is also not quite right–it allows the user of Content ID to elect to block or monetize, with heavy pressure to monetize and not block]. Lie #2: Using Content ID Is Not Free.

What can You Do when Someone Uses Your Content Without Permission – Entertainment Law Asked and Answered

Gordon P. Firemark

TRANSCRIPT: What can you do when someone uses your content without permission? The DMCA stands for Digital Millennium Copyright Act, and provides for a so-called “safe harbor” for services that carry user-generated content, IF they have a procedure for taking down infringing content their users post. If someone is using your content without your permission, here are the steps. AUDIO: [link].

Online Platforms Sidestep Claims over User Content Decisions and Social App Functions

New Media and Technology Law

This is illustrated by three recent decisions in which courts dismissed claims that sought to impose liability on providers for hosting or restricting access to user content and for providing a much-discussed social media app filter. It also found that its statements concerning its content moderation policies could not form a basis of false advertising liability. Snapchat countered that the Speed Filter was a “content-neutral tool” that facilitates communication between users.

Learning Content in the Enterprise: Codecademy

Pathgather

You can view earlier installments here: Treehouse Informal learning (technical) Corporate MOOCs MOOCs Content libraries. The content is definitely designed for beginners, and it is great at what it does. My only other qualm is that the content seems aimed fairly exclusively at a beginner to early-intermediate audience. This is a challenge companies tend to face across all informal content, though there are solutions to be had.

Langvardt on Regulating Online Content Moderation @DetroitMercyLaw

Media Law Prof Blog

Kyle Langvardt, University of Detroit Mercy School of Law, is publishing Regulating Online Content Moderation in volume 106 of the Georgetown Law Journal (2018). Here is the abstract. The Supreme Court held in 2017 that “the vast democratic forums of

Online Content Distribution and Unfair Trading

Media Law Prof Blog

Katri Havu, University of Helsinki, is publishing Unfair Commercial Contracts and Online Content Distribution: Insights into Problems, Regulation and Potential of European Harmonization in Tidskrift utgiven av Juridiska Föreningen i Finland, 6/2014 (forthcoming). Commercial online content

Five Lies In YouTube’s Spin on Content ID

Music Technology Policy

YouTube has struck back with the usual squid ink trying to obfuscate Google’s absurdly ineffective Content ID and Content Management System (“CMS”), most recently to the New York Times. According to the Times : YouTube says that about 8,000 companies and organizations have access to Content IDand that independents may get access through affiliated companies and industry groups. You know, the way you have to be approved and have a license to use Content ID.

Ninth Circuit Releases Another Important CDA Section 230 Opinion With Broad Application – Automated Content Recommendation and Notification Tools Do Not Make Social Site the Developer of User Posts

New Media and Technology Law

In particular, there has been a trio of noteworthy circuit court-level opinions rejecting plaintiffs’ attempt to make an “end run” around the CDA based on the assertion that online service providers lose immunity if they algorithmically recommend or recast content in another form to other users of the site. Plaintiff, however, cannot plead around Section 230 immunity by framing these website features as content.

Video Content and New Platforms

Media Law Prof Blog

Consumers have access to an ever increasing inventory of video content Rob Frieden, Pennsylvania State University College of Communications and Dickinson School of Law has published Next Generation Television and the Migration from Channels to Platforms. Here is the abstract.

CRTC Changes Canadian TV Content Rules

Media Law Prof Blog

The Canadian Radio-television and Telecommunications Commission says it is changing its approach toward broadcast content, and will no longer require specialty channels to include a specific amount of Canadian content. In addition, daytime Canadian tv will no longer include a

Canadian Users and Streaming US Content

Media Law Prof Blog

Thomas of Fasken Martineau discusses provider liability in the case of Canadian users who "jump the geofence" in order to watch streamed US content. Ariel A. Read more here

Content Partners Sues Paramount

Media Law Prof Blog

Marc Cuban's Content Partners is suing Paramount Pictures for millions over what it alleges is breach of contract and fraud stemming from unpaid profits on various films such as "The Truman Show" and "A Civil Action," according to The Hollywood

Copyright and Content Online

Media Law Prof Blog

The prevalence of social production and the increase in User Generated Content Niva Elkin-Koren, University of Haifa Faculty of Law, is publishing Tailoring Copyright to Social Production, in volume 12 of Theoretical Inquiries in Law (2011). Here is the abstract.

Snow on Content-Based Copyright Denial

Media Law Prof Blog

Ned Snow, University of South Carolina, is publishing Content-Based Copyright Denial in volume 90 of the Indiana Law Journal (2015). Here is the abstract. No principle of First Amendment law is more firmly established than the principle that government may

CBS, Netflix Seal Content Deal

Media Law Prof Blog

From The Hollywood Reporter: CBS and Netflix have entered into a two year deal to provide Netflix users streaming content of CBS Corp's material, including 90210, United States of Tara, Californication, and Dexter. In addition, Latin American subscribers will get

Net neutrality or content neutrality?

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner FCC Chairman Julius Genachowski gave an important speech at the Brookings Institute today in an apparent embrace of net neutrality. He announced the agency has begun to formalize a set of principals that would prohibit Internet providers.

Do the Distinctions Between "Content-Neutral" and "Content-Based" Still Serve Us Well?

Media Law Prof Blog

George Wright, Indiana University School of Law (Indianapolis), has published Content-Neutral and Content-Based Regulations of Speech: A Distinction that is No Longer Worth the Fuss. The popular binary distinction between content-based and content-neutral regulations of Here is the abstract.

Guest Post by @schneidermaria: Content ID is Still Just Piracy in Disguise: An Open Letter to Rightsholders and a Music Industry Ready to Renegotiate with a Monster

Music Technology Policy

Content ID, YouTube’s digital fingerprinting technology, is under fire lately for very good reason. Originally touted by YouTube as an effective method of blocking illegal uploads, Content ID was ostensibly the service’s way to protect copyright holders. But Content ID quickly morphed into a self-serving massive moneymaker. YouTube dangles Content ID and monetization in general in front of music creators to lure us to participate. Content ID Offers a Pathetic Deal.

Thomson Reuters Responds to ROSS, Saying Its Motion Never Denied it Stole Content

Media Law

Here is the statement: “Nowhere does ROSS deny that it surreptitiously stole content from Westlaw. The stolen content included far more than just caselaw: It was the highly creative and original copyrighted work of Westlaw’s thousands of attorney-editors, which includes our proprietary commentary, analysis, and organizational system. Earlier today, I reported on the motion to dismiss filed by ROSS Intelligence in a lawsuit filed against it by Thomson Reuters.

Video Games with Gay Content

Digital Media Law

If you’re a gay gamer (a gaymer ), you might have wished from time to time to find a game or two with some gay/lesbian content. Lucky for you, someone has prepared a list of such games. That someone is a conservative, and evidently homophobic, investment advisory firm, but no matter—we appreciate the list.

Faza: It’s the Content, Stupid!

Music Technology Policy

The safe-harbour provisions shield service providers from liability for infringements perpetrated by their users, provided they expeditiously take down infringing content of which they have been notified – that is how it works in practice, at least. One thing I believe everyone can agree on is that the safe-harbour (aka “notice-and-takedown”) provisions of the DMCA aren’t working as they should.

Graber on the Future of Online Content Personalization

Media Law Prof Blog

Graber, University of Zurich, Faculty of Law, has published The Future of Online Content Personalisation: Technology, Law and Digital Freedoms as i-call Working Paper Series (University of Zurich). Christoph B. Here is the abstract. As online information is increasingly tailored

Will Facebook’s Recent Announcement of Changes to News Feed Affect Legal Immunities for User Content?

New Media and Technology Law

Facebook recently announced that it would make changes to its news feed to prioritize content that users share and discuss and material from “reputable publishers.” These changes are part of what Mark Zuckerberg says is a refocusing of Facebook from “ helping [users] find relevant content to helping [users] have more meaningful social interactions.” Online Content Social Media CDA Section 230 Facebook news feed social media

Russian-Language Video Service eTVnet Sued for Allegedly Streaming Stolen Content

THR, Esq. Entertainment & Media Law Blog

The suit claims the service is harming competitors, customers and copyright owners. read more. THR, Esq. Tech Tech THR Online

Television Content Regulation In India

Media Law Prof Blog

Arpan Banerjee has published Television Content Regulation in India: Are News Channels Crying Wolf? at 21 Entertainment Law Review (no. 58) (2010). Here is the abstract. Comments on the Indian Broadcasting Services Regulation Bill 2007 and the News Broadcasting Standards

Five Lies In YouTube’s Spin on Content ID

Music Technology Policy

Here’s a blast from the not so distant past on Content ID groundhog day… MUSIC • TECHNOLOGY • POLICY. YouTube has struck back with the usual squid ink trying to obfuscate Google’s absurdly ineffective Content ID and Content Management System (“CMS”), most recently to the New York Times.

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Google Extends Commitments with the FTC over Crawling of Third-Party Content for Use in Own “Vertical” Sites

New Media and Technology Law

In a blog post last month, Google announced that it would extend certain commitments it made to the FTC in 2012 that were set to expire relating to, among other things, the scraping of third-party content for use on certain Google “vertical search” properties such as Google Shopping. As part of the extended commitment, Google reserved the right to display content that was sourced independently or to otherwise crawl and index web content to innovate in search.

Locksmiths Locked Out: Court Affirms Immunity for Use of Tools That Portray Third-Party Content Pictorially or as an Aggregate Metric

New Media and Technology Law

230(c), for online providers that host third party content. Circuit affirmed the dismissal of claims brought by multiple locksmith companies (the “plaintiffs”) against the operators of the major search engines (the “defendants” or “providers”) for allegedly publishing the content of fraudulent locksmiths’ websites and translating street-address and area-code information on those websites into map pinpoints that were displayed in response to user search requests.

Haupt on Professional Speech and the Content-Neutrality Trap @ColumbiaLaw

Media Law Prof Blog

Haupt, Columbia University Law School and Yale University Information Society Project, is publishing Professional Speech and the Content-Neutrality Trap in volume 127 of the Yale Law Forum (2017). Claudia E. Here is the abstract. The Eleventh Circuit’s en banc decision

Facebook: “All your content belongs to us” … yikes!

Gordon P. Firemark

Follow this link to a piece on Mashable about recent changes to Facebook ’s terms of service… It seems the social networking site now claims a perpetual license to any content (photos, videos, etc.) you choose to post on your facebook page. Even if you later cancel your Facebook account. Hat tip to Erin Jacobson for bringing this to my attention.

Media Regulation, Money, and the Control of Content

Media Law Prof Blog

Lesley Hitchens, University of Technology, Sydney, has published Commercial Content and its Relationship to Media Content: Commodification and Trust, in Routledge Handbook of Media Law 87-104 (Monroe E. Price, Stefaan G. Verhulst & Libby Morgan eds.; Routledge, 2013). Here is

Uneasy Lies the Head that Wears the Crown: Why Content’s Kingdom is Slipping Away

Digital Media Law

Content and technology are locked in a struggle whose outcome may determine the future of the entertainment industry. The problem is this: Content is becoming a commodity. Instead, new distribution technologies have arisen, and the ascendancy of those technologies has come at the expense of content. Tags: technology Hollywood Silicon Valley content

Content Creators Coalition & MusicAnswers Applaud the Revision and Passage of the Music Modernization Act by the Senate Judiciary Committee — Artist Rights Watch

Music Technology Policy

Washington, D.C.] – The Content Creators Coalition and MusicAnswers released today the following statement on the Senate Judiciary Committee’s vote in support of the Music Modernization Act. via Content Creators Coalition & MusicAnswers Applaud the Revision and Passage of the Music Modernization Act by the Senate Judiciary Committee — Artist Rights Watch. irespectmusic campaign Music Modernization Act Uncategorized Content Creators Coalition MusicAnswersPRESS RELEASE.

Gray on Copyright Infringement and the First Amendment: User-Generated Content and DMCA Interpretation @StanfordLaw

Media Law Prof Blog

Megan Gray, Stanford Center for Internet & Society; Gray Matters, has published Copyright Infringement and the First Amendment: User-Generated Content and DMCA Interpretation -- Youtube. I Tube. We All Tube. Here is the abstract. Under the Digital Millinium Copyright Act

Europe Becomes Friendlier to Lawsuits Over Online Content (Analysis)

THR, Esq. Entertainment & Media Law Blog

Eriq Gardner The European Court of Justice addresses a world where content published online is accessed universally and what the "ubiquity" of content means for libel, publicity, and privacy lawsuits. read more. THR, Esq. THR, Esq. The Business Tech Business International

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Viacom/YouTube aftermath: Will video sites stop filtering content?

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner One question that needs to be asked in the wake of Google's win over Viacom in the YouTube case is whether Google could have gotten away with doing less about copyrighted content on the video-sharing platform. Judge.

Website Liability For User Generated Content

Media Law Prof Blog

Gellis has published The State of the Law Regarding Website Owner Liability for User Generated Content at 66 The Business Lawyer 243 (November 2010). Catherine R. Here is the abstract. Download the article from SSRN at the link