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YouTube’s Content ID tool is a way for copyright owners to block or permit advertising on UGC that includes their copyrights, often music. MORE
Google is now competing with Pandora for the title of Easter Bunny of Screwups. YouTube had a window to negotiate a fair deal with the world wide network of indie labels and guess what? They thought it would be a good idea to continue to strongarm the indies and try to jam the YouTube hillbilly deal down their throats. But realize just how truly arrogant Google really is. MORE
YouTube’s theory according to the NYT is that independent artists (such as five time Grammy-winner Maria Schneider who graced our pages with her groundbreaking essay on YouTube’s sleaze ) are not harmed by YouTube’s “catch me if you can” DMCA shakedown because Content ID–the principal tool that some artists and copyright owners use to block or monetize both UGC and official video assets on YouTube–is widely available. MORE
Distribution Internet Licensing Notable Rights Streaming UGC ancillary exploitation animation barriers to entry caddyshack charlie the unicorn charlie the unicorn 2 content creator eyeballs filmcow.com flash animation hot topic jason steele leverage merchandise music business retail merchandise self distribution shorts the simpsons traditional media youtube My kids turned me on to “Charlie The Unicorn” shortly after it made its debut on youtube several years ago. MORE
Tags: Copyright Internet Music UGC audio id cable news network cnn devo digital rights management fair use hip hop i gotta feeling lip dub lipdub luc-olivier cloutier marie-eve herbert mtv music video roslyn high school synchronization rights the black eyed peas timed relation uquam we're through being cool youtube MORE
Using Content ID to just block videos (especially UGC) would only be available for a fee (since there’s no revenue if you block everything). In order to make that blocking meaningful, there would need to be a lot of manual care and feeding to account for UGC leakage through the very porous Content ID. They will only devote so much time to you, however, and they won’t do the manual claiming on UGC, etc., MORE
Copyright Internet Music UGC audio id cable news network capitol records cnn devo digital rights management fair use hip hop i gotta feeling io group lip dub lipdub luc-olivier cloutier marie-eve herbert mtv music video roslyn high school synchronization rights the black eyed peas timed relation umg uquam vimeo we're through being cool youtubeBack in the 80′s, MTV was cutting edge. MORE
The deal appears to cover UGC and no doubt includes both a settlement for the past (“solves a long-running dispute”) as well as a go forward license. This is what happens when you stick to your property rights– Bloomberg reports that Facebook, aka royalty deadbeat, has signed a multiyear licensing deal with Universal Music Group: Facebook Inc. MORE
—Discuss Canada’s UGC exception, non-commercial and moral rights issues. I was pleased to moderate a panel on TikTok’s situation for the Music Business Association with an all-star panel of experts. You can access our voluminous panel materials here including the panelists biographies. The following is my opening statement followed by the panel outline with some page number cross references to the panel materials. Opening Statement. MORE
The others, due to a combination of private enforcement, business deals, technology, and ownership of their own UGC sites, appear to have reached a form of détente with YouTube. I've now had a chance to re-read and digest last week's summary judgment ruling in Viacom v. YouTube. A few thoughts: 1) A disappointing opinion Put aside, for a moment, whatever you may think of Judge Stanton's ultimate holding absolving YouTube of copyright infringement. MORE
We have to presume that even if safety mode might miss a few UGC videos, Ms. Safety mode then provides a number of excerpted rape scenes, including apparently UGC versions like these: And these: and one more safety mode search result in slow mo: I’m sure that Ms. According to The Information : YouTube is reaching out to video producers to gauge their interest in producing child-oriented content. MORE
Blogs Digital Downloads Internet Streaming UGC evan brown facebook hollywood internet cases legislation mpaa pipa sopaNote: Cross-posted in part from my tumblr blog. See the additional note at the bottom of this post. ]. I generally don’t blog politics. It can be bad for business. However, the SOPA/PIPA legislation, which pitted new tech against old media, requires a response. MORE
Blogs Digital Downloads Internet Streaming UGC evan brown facebook hollywood internet cases legislation mpaa pipa sopa Note: Cross-posted in part from my tumblr blog. See the additional note at the bottom of this post. ]. I generally don’t blog politics. It can be bad for business. However, the SOPA/PIPA legislation, which pitted new tech against old media, requires a response. MORE
In this case let’s just tackle one user who wants to create a UGC video using a song with footage from their 4th of July BBQ and post it to YouTube. You’d have to have a smart contract(s) that could consolidate and approve usage between each of the parties, but then also be able to clear that usage for the UGC use. Chris Castle: Tell us a little bit about your background and your company. How did you come to be involved with the Open Music Initiative? MORE
Can it really be the case that a hypothetical UGC site that advertises "Upload primetime TV, Hollywood movies, and top 40 hits here!" I assume most readers are now familiar with Judge Howard Matz's September 11 order granting summary judgment in favor of the web-video site Veoh in the copyright suit brought by several Universal Music Group entities. MORE
In fact, many have indicated their willingness to approach the web video infringement issue through more cooperate means, such as the UGC principles (which Seidenberg ignores). However, sending takedown notices to some UGC sites is often akin to playing a frustrating game of Whac-a-Mole. The February 2009 edition of the ABA Journal has a long article by attorney Steven Seidenberg titled "Copyright in the Age of YouTube." (He MORE
Of course, one might ask why YouTube would allow commercials…I mean UGC…for sellers of a drug that’s banned on Adwords. Right near the top of the Google Adwords “unapproved pharmaceuticals” list is ArimaDex. What is that, you say? According to the official ArimiDex website : Approved Uses for ARIMIDEX. MORE
But it sure seems like Google search (especially in ex-USA markets) seems to return top search results for UGC (User “Generated” Content) videos instead of official videos. Often no royalties are paid on these UGC videos, and in the cases where royalties are paid, they are paid at a […]. Admittedly this is an unscientific sampling. MORE
If the 2nd Circuit agrees to hear this copyright dispute, it could impact how employees of UGC sites interact with videos and whether popular websites carry pre-1972 music. read more. The Business Music THR Online THR, Esq. Vimeo IAC Tech Business MORE
Vevo’s content is not UGC, it’s premium, licensed, and professionally produced, with an enormous and unique global reach. If you’ve been following the YouTube advertising debacle, you may have seen reports that YouTube is planning on offering discounts (aka refunds) to the advertising accounts it burned by showing ads on terror, hate and other videos in violation of Google’s promises (aka contracts) with those advertisers. MORE
But a typical free-to-the-user UGC site like YouTube or MySpace has no need for the 512(g) safe harbor, because it faces no risk of liability from a user if it removes his or her video; the terms of use already provide a solid defense to such claims. Warning: this post will soon head deep, deep into the DMCA weeds. It may interest no one but me and the Masked Analyst. But here goes. MORE
Tags: traditional media caddyshack the simpsons Streaming self distribution leverage merchandise jason steele shorts charlie the unicorn Internet Licensing filmcow.com retail merchandise hot topic charlie the unicorn 2 UGC barriers to entry Rights animation music business youtube ancillary exploitation eyeballs Distribution flash animation content creator MORE
Here’s the point–if we are going to get screwed by Google anyway through UGC or however else they fake their way through the DMCA, why should we also license to them? Labels made deals with @YouTube out of desperation. It’s pennies & whack-a-mole. How can labels renew YT deals with so much artist pressure? Irving Azoff (@irvingazoff) June 22, 2016. MORE
It's also worth noting that Section 512(i)(1)(A) of the DMCA already provides that, to stay within any of the four safe harbors from infringement claims, ISPs or UGC sites ( e.g. , YouTube) must " terminat[e] repeat infringers" in "appropriate circumstances." MORE
As MTP readers will recall, YouTube has finally overplayed its monopoly and tried to extract concessions from independent labels to license for a completely different service by threatening a cutoff from YouTube. And, of course, when YouTube says “cut off” from YouTube, what they mean is they will still let “user generated content” created from the indie labels artists flow onto their system, it just won’t be monetized. MORE
Google, for example, ties UGC videos to song lyrics with every search. When you look at the ask on damages in the lawsuits against services like Spotify, it’s typical to see certain types of damages listed. MORE
With user tools to eliminate UGC, or will the site control the removal process via an online request form? Law Targets Sites and Mobile Apps Directed to Minors, Offers “Online Eraser” . Likely to Have Nationwide Effect. MORE
Copyright Internet Music UGC audio id cable news network capitol records cnn devo digital rights management fair use hip hop i gotta feeling io group lip dub lipdub luc-olivier cloutier marie-eve herbert mtv music video roslyn high school synchronization rights the black eyed peas timed relation umg uquam vimeo we''re through being cool youtube Back in the 80′s, MTV was cutting edge. MORE
A judge rules that there''s a "triable issue" as to whether the popular UGC site had knowledge or awareness of copyrighted music in some of the videos being shared. read more. The Business Music THR, Esq. Tech Business MORE
Our deal with YouTube covers certain types of user-generated content (UGC) uploaded to the platform. This UGC, when claimed and monetized by MCNs, fell outside the scope of our YouTube deal (videos created by or in partnership with MCNs were also unlicensed). MORE
What if there were no new sources of UGC to rip? In other news from the Goolag, the anti-artist forces are hard at work to have a blackout online to protest SOPA. How about this–let’s have a blackout offline to protest the protest. No movies. No music. No music radio. No Pandora. No gaming. No nightclubs. No Vegas shows. No theater. No dance. No Broadway. And…no television. Now stop and think about that for a minute. MORE
Look at all the unlicensed UGC on the site, I’m sure you’d end up with some low life putting up fan funding buttons for artist they have nothing to do with and pocketing the money. MORE
Distribution Internet Licensing Notable Rights Streaming UGC ancillary exploitation animation barriers to entry caddyshack charlie the unicorn charlie the unicorn 2 content creator eyeballs filmcow.com flash animation hot topic jason steele leverage merchandise music business retail merchandise self distribution shorts the simpsons traditional media youtubeMy kids turned me on to “Charlie The Unicorn” shortly after it made its debut on youtube several years ago. MORE
Tags: JETL constitution contracts copyright courts criminal law entertainment financial games government intellectual property internet lawsuits legislation patents privacy technology avatar computer creative works fantasy sports Second Life UGC user-generated content video games virtual world MORE
I happened to be speaking at the OECD’s digital future conference right before Google bought YouTube and got the distinct impression that the concept of UGC as a way to both steal copyrights and add another of the 1,000 cuts to the industry litigation budget sprang from the depths of the imagination of one Fred Von Lohman and one Terry Fisher–meaning this was all part of Google’s acquisition strategy–but that’s another story.). MORE
Blogs Digital Downloads Internet Streaming UGC acta eriq evan brown facebook hollywood internet cases legislation mpaa pipa sopaNote: Cross-posted in part from my tumblr blog. See the additional note at the bottom of this post. ]. I generally don’t blog politics. It can be bad for business. However, the SOPA/ PIPA legislation , which pitted new tech against old media, requires a response. MORE
Now that sounds extreme and it largely is, except for one particular example now being debated in the Canadian parliament–the user-generated-content or “UGC” exception in the new Canadian copyright law (“ Bill C-32 “). However, if the UGC Utopia Principles are passed by the Canadian Parliament, YouTube may be moving to Canada. And…would allow the user to publish these UGC works on the Internet. MORE
They touch on topics ranging from copyright enforcement on UGC sites, to the economics of online advertising, to the question whether new business models like Hulu's and Redbox's can support the creation of motion pictures. MORE
YouTube’s theory according to the NYT is that independent artists (such as five time Grammy-winner Maria Schneider who graced our pages with her groundbreaking essay on YouTube’s sleaze ) are not harmed by YouTube’s “catch me if you can” DMCA shakedown because Content ID–the principal tool that some artists and copyright owners use to block or monetize both UGC and official video assets on YouTube–is widely available. MORE
Because this isn''t some UGC video on a rogue site with redirected ad serving. No, this was a YouTube video with ads by Google that clearly violated whatever UGC license that YouTube had. Originally posted on MUSIC • TECHNOLOGY • POLICY : [Update: after we wrote about this well over a year ago, YouTube finally blocked a sex tourist video using music by Jack White. Because it promoted human trafficking? MORE
Eriq Gardner In an important victory to website owners, appellate circuit affirms that UGC site is eligible for statutory safe harbor from copyright liability. read more. THR, Esq. The Business Music Tech Business Universal Music Group MORE
Fairfield; and The Tangled Web of UGC: Making Copyright Sense of User-Generated Content , by Daniel Gervais. The Tangled Web of UGC: Making Copyright Sense of User-Generated Content. This Article considers the copyright aspects of UGC. On the one hand, the production of UGC may involve both the right of reproduction and the right of adaptation–the right to prepare derivative works. MORE
Kalven's suggestion that copyright holders directly contact the alleged infringer when their works are posted to user-generated content ("UGC") sites like YouTube is impractical and would seriously frustrate the legitimate interest copyright owners have in combating infringement. MORE
That line of thinking doesn’t work with brand sponsored piracy nearly as well as it does with user generated content (and only works well there if you don’t question how the UGC got into the hybrid economy in the first place). As some of you may know, I again will be moderating the Global Forum at Canadian Music Week this year. MORE
UGC Related Topics DealFatigue
JANUARY 21, 2012
Blogs Digital Downloads Internet Streaming UGC acta eriq evan brown facebook hollywood internet cases legislation mpaa pipa sopaNote: Cross-posted in part from my tumblr blog. See the additional note at the bottom of this post. ]. I generally don’t blog politics. It can be bad for business. However, the SOPA/ PIPA legislation , which pitted new tech against old media, requires a response.
DealFatigue
JANUARY 21, 2012
Blogs Digital Downloads Internet Streaming UGC evan brown facebook hollywood internet cases legislation mpaa pipa sopaNote: Cross-posted in part from my tumblr blog. See the additional note at the bottom of this post. ]. I generally don’t blog politics. It can be bad for business. However, the SOPA/PIPA legislation, which pitted new tech against old media, requires a response.
DealFatigue
DECEMBER 6, 2009
Tags: Copyright Internet Music UGC audio id cable news network cnn devo digital rights management fair use hip hop i gotta feeling lip dub lipdub luc-olivier cloutier marie-eve herbert mtv music video roslyn high school synchronization rights the black eyed peas timed relation uquam we're through being cool youtube
DealFatigue
JANUARY 21, 2012
Blogs Digital Downloads Internet Streaming UGC evan brown facebook hollywood internet cases legislation mpaa pipa sopa Note: Cross-posted in part from my tumblr blog. See the additional note at the bottom of this post. ]. I generally don’t blog politics. It can be bad for business. However, the SOPA/PIPA legislation, which pitted new tech against old media, requires a response.
DealFatigue
JANUARY 12, 2009
Tags: traditional media caddyshack the simpsons Streaming self distribution leverage merchandise jason steele shorts charlie the unicorn Internet Licensing filmcow.com retail merchandise hot topic charlie the unicorn 2 UGC barriers to entry Rights animation music business youtube ancillary exploitation eyeballs Distribution flash animation content creator
Music Technology Policy
JULY 2, 2017
But it sure seems like Google search (especially in ex-USA markets) seems to return top search results for UGC (User “Generated” Content) videos instead of official videos. Often no royalties are paid on these UGC videos, and in the cases where royalties are paid, they are paid at a […]. Admittedly this is an unscientific sampling.
DealFatigue
JANUARY 12, 2009
Distribution Internet Licensing Notable Rights Streaming UGC ancillary exploitation animation barriers to entry caddyshack charlie the unicorn charlie the unicorn 2 content creator eyeballs filmcow.com flash animation hot topic jason steele leverage merchandise music business retail merchandise self distribution shorts the simpsons traditional media youtube My kids turned me on to “Charlie The Unicorn” shortly after it made its debut on youtube several years ago.
THR, Esq. Entertainment & Media Law Blog
DECEMBER 20, 2011
Eriq Gardner In an important victory to website owners, appellate circuit affirms that UGC site is eligible for statutory safe harbor from copyright liability. read more. THR, Esq. The Business Music Tech Business Universal Music Group
DealFatigue
DECEMBER 6, 2009
Copyright Internet Music UGC audio id cable news network capitol records cnn devo digital rights management fair use hip hop i gotta feeling io group lip dub lipdub luc-olivier cloutier marie-eve herbert mtv music video roslyn high school synchronization rights the black eyed peas timed relation umg uquam vimeo we''re through being cool youtube Back in the 80′s, MTV was cutting edge.
DealFatigue
DECEMBER 6, 2009
Copyright Internet Music UGC audio id cable news network capitol records cnn devo digital rights management fair use hip hop i gotta feeling io group lip dub lipdub luc-olivier cloutier marie-eve herbert mtv music video roslyn high school synchronization rights the black eyed peas timed relation umg uquam vimeo we're through being cool youtubeBack in the 80′s, MTV was cutting edge.
JetLawBlog
OCTOBER 22, 2009
Fairfield; and The Tangled Web of UGC: Making Copyright Sense of User-Generated Content , by Daniel Gervais. The Tangled Web of UGC: Making Copyright Sense of User-Generated Content. This Article considers the copyright aspects of UGC. On the one hand, the production of UGC may involve both the right of reproduction and the right of adaptation–the right to prepare derivative works.
THR, Esq. Entertainment & Media Law Blog
SEPTEMBER 20, 2013
A judge rules that there''s a "triable issue" as to whether the popular UGC site had knowledge or awareness of copyrighted music in some of the videos being shared. read more. The Business Music THR, Esq. Tech Business
Music Technology Policy
AUGUST 23, 2020
Google, for example, ties UGC videos to song lyrics with every search. When you look at the ask on damages in the lawsuits against services like Spotify, it’s typical to see certain types of damages listed.
THR, Esq. Entertainment & Media Law Blog
JANUARY 3, 2014
If the 2nd Circuit agrees to hear this copyright dispute, it could impact how employees of UGC sites interact with videos and whether popular websites carry pre-1972 music. read more. The Business Music THR Online THR, Esq. Vimeo IAC Tech Business
Music Technology Policy
JUNE 22, 2014
Because this isn''t some UGC video on a rogue site with redirected ad serving. No, this was a YouTube video with ads by Google that clearly violated whatever UGC license that YouTube had. Originally posted on MUSIC • TECHNOLOGY • POLICY : [Update: after we wrote about this well over a year ago, YouTube finally blocked a sex tourist video using music by Jack White. Because it promoted human trafficking?
JetLawBlog
OCTOBER 26, 2009
Tags: JETL constitution contracts copyright courts criminal law entertainment financial games government intellectual property internet lawsuits legislation patents privacy technology avatar computer creative works fantasy sports Second Life UGC user-generated content video games virtual world
Music Technology Policy
MARCH 13, 2012
Now that sounds extreme and it largely is, except for one particular example now being debated in the Canadian parliament–the user-generated-content or “UGC” exception in the new Canadian copyright law (“ Bill C-32 “). However, if the UGC Utopia Principles are passed by the Canadian Parliament, YouTube may be moving to Canada. And…would allow the user to publish these UGC works on the Internet.
Music Technology Policy
MAY 15, 2017
YouTube’s theory according to the NYT is that independent artists (such as five time Grammy-winner Maria Schneider who graced our pages with her groundbreaking essay on YouTube’s sleaze ) are not harmed by YouTube’s “catch me if you can” DMCA shakedown because Content ID–the principal tool that some artists and copyright owners use to block or monetize both UGC and official video assets on YouTube–is widely available.
Music Technology Policy
DECEMBER 21, 2017
The deal appears to cover UGC and no doubt includes both a settlement for the past (“solves a long-running dispute”) as well as a go forward license. This is what happens when you stick to your property rights– Bloomberg reports that Facebook, aka royalty deadbeat, has signed a multiyear licensing deal with Universal Music Group: Facebook Inc.
Music Technology Policy
JANUARY 11, 2012
What if there were no new sources of UGC to rip? In other news from the Goolag, the anti-artist forces are hard at work to have a blackout online to protest SOPA. How about this–let’s have a blackout offline to protest the protest. No movies. No music. No music radio. No Pandora. No gaming. No nightclubs. No Vegas shows. No theater. No dance. No Broadway. And…no television. Now stop and think about that for a minute.
Music Technology Policy
NOVEMBER 18, 2013
Of course, one might ask why YouTube would allow commercials…I mean UGC…for sellers of a drug that’s banned on Adwords. Right near the top of the Google Adwords “unapproved pharmaceuticals” list is ArimaDex. What is that, you say? According to the official ArimiDex website : Approved Uses for ARIMIDEX.
Music Technology Policy
JULY 4, 2020
YouTube’s Content ID tool is a way for copyright owners to block or permit advertising on UGC that includes their copyrights, often music.
Music Technology Policy
SEPTEMBER 28, 2020
—Discuss Canada’s UGC exception, non-commercial and moral rights issues. I was pleased to moderate a panel on TikTok’s situation for the Music Business Association with an all-star panel of experts. You can access our voluminous panel materials here including the panelists biographies. The following is my opening statement followed by the panel outline with some page number cross references to the panel materials. Opening Statement.
Music Technology Policy
JUNE 3, 2016
YouTube’s theory according to the NYT is that independent artists (such as five time Grammy-winner Maria Schneider who graced our pages with her groundbreaking essay on YouTube’s sleaze ) are not harmed by YouTube’s “catch me if you can” DMCA shakedown because Content ID–the principal tool that some artists and copyright owners use to block or monetize both UGC and official video assets on YouTube–is widely available.
Music Technology Policy
MARCH 29, 2019
Using Content ID to just block videos (especially UGC) would only be available for a fee (since there’s no revenue if you block everything). In order to make that blocking meaningful, there would need to be a lot of manual care and feeding to account for UGC leakage through the very porous Content ID. They will only devote so much time to you, however, and they won’t do the manual claiming on UGC, etc.,
Music Technology Policy
MARCH 12, 2013
Our deal with YouTube covers certain types of user-generated content (UGC) uploaded to the platform. This UGC, when claimed and monetized by MCNs, fell outside the scope of our YouTube deal (videos created by or in partnership with MCNs were also unlicensed).
Music Technology Policy
MARCH 30, 2017
Vevo’s content is not UGC, it’s premium, licensed, and professionally produced, with an enormous and unique global reach. If you’ve been following the YouTube advertising debacle, you may have seen reports that YouTube is planning on offering discounts (aka refunds) to the advertising accounts it burned by showing ads on terror, hate and other videos in violation of Google’s promises (aka contracts) with those advertisers.
Copyrights & Campaigns
OCTOBER 20, 2009
They touch on topics ranging from copyright enforcement on UGC sites, to the economics of online advertising, to the question whether new business models like Hulu's and Redbox's can support the creation of motion pictures.
Music Technology Policy
MARCH 24, 2014
We have to presume that even if safety mode might miss a few UGC videos, Ms. Safety mode then provides a number of excerpted rape scenes, including apparently UGC versions like these: And these: and one more safety mode search result in slow mo: I’m sure that Ms. According to The Information : YouTube is reaching out to video producers to gauge their interest in producing child-oriented content.
Music Technology Policy
JUNE 23, 2016
Here’s the point–if we are going to get screwed by Google anyway through UGC or however else they fake their way through the DMCA, why should we also license to them? Labels made deals with @YouTube out of desperation. It’s pennies & whack-a-mole. How can labels renew YT deals with so much artist pressure? Irving Azoff (@irvingazoff) June 22, 2016.
Music Technology Policy
JUNE 27, 2014
Google is now competing with Pandora for the title of Easter Bunny of Screwups. YouTube had a window to negotiate a fair deal with the world wide network of indie labels and guess what? They thought it would be a good idea to continue to strongarm the indies and try to jam the YouTube hillbilly deal down their throats. But realize just how truly arrogant Google really is.
Music Technology Policy
JULY 26, 2016
In this case let’s just tackle one user who wants to create a UGC video using a song with footage from their 4th of July BBQ and post it to YouTube. You’d have to have a smart contract(s) that could consolidate and approve usage between each of the parties, but then also be able to clear that usage for the UGC use. Chris Castle: Tell us a little bit about your background and your company. How did you come to be involved with the Open Music Initiative?
Music Technology Policy
APRIL 23, 2013
I happened to be speaking at the OECD’s digital future conference right before Google bought YouTube and got the distinct impression that the concept of UGC as a way to both steal copyrights and add another of the 1,000 cuts to the industry litigation budget sprang from the depths of the imagination of one Fred Von Lohman and one Terry Fisher–meaning this was all part of Google’s acquisition strategy–but that’s another story.).
Music Technology Policy
JUNE 7, 2015
Look at all the unlicensed UGC on the site, I’m sure you’d end up with some low life putting up fan funding buttons for artist they have nothing to do with and pocketing the money.
New Media and Technology Law
OCTOBER 2, 2013
With user tools to eliminate UGC, or will the site control the removal process via an online request form? Law Targets Sites and Mobile Apps Directed to Minors, Offers “Online Eraser” . Likely to Have Nationwide Effect.
Music Technology Policy
JANUARY 29, 2013
That line of thinking doesn’t work with brand sponsored piracy nearly as well as it does with user generated content (and only works well there if you don’t question how the UGC got into the hybrid economy in the first place). As some of you may know, I again will be moderating the Global Forum at Canadian Music Week this year.
Copyrights & Campaigns
JANUARY 30, 2009
Kalven's suggestion that copyright holders directly contact the alleged infringer when their works are posted to user-generated content ("UGC") sites like YouTube is impractical and would seriously frustrate the legitimate interest copyright owners have in combating infringement.
Copyrights & Campaigns
JUNE 27, 2010
The others, due to a combination of private enforcement, business deals, technology, and ownership of their own UGC sites, appear to have reached a form of détente with YouTube. I've now had a chance to re-read and digest last week's summary judgment ruling in Viacom v. YouTube. A few thoughts: 1) A disappointing opinion Put aside, for a moment, whatever you may think of Judge Stanton's ultimate holding absolving YouTube of copyright infringement.
Copyrights & Campaigns
NOVEMBER 14, 2009
It's also worth noting that Section 512(i)(1)(A) of the DMCA already provides that, to stay within any of the four safe harbors from infringement claims, ISPs or UGC sites ( e.g. , YouTube) must " terminat[e] repeat infringers" in "appropriate circumstances."
Copyrights & Campaigns
MAY 23, 2009
But a typical free-to-the-user UGC site like YouTube or MySpace has no need for the 512(g) safe harbor, because it faces no risk of liability from a user if it removes his or her video; the terms of use already provide a solid defense to such claims. Warning: this post will soon head deep, deep into the DMCA weeds. It may interest no one but me and the Masked Analyst. But here goes.
Copyrights & Campaigns
SEPTEMBER 19, 2009
Can it really be the case that a hypothetical UGC site that advertises "Upload primetime TV, Hollywood movies, and top 40 hits here!" I assume most readers are now familiar with Judge Howard Matz's September 11 order granting summary judgment in favor of the web-video site Veoh in the copyright suit brought by several Universal Music Group entities.
Music Technology Policy
JUNE 12, 2014
As MTP readers will recall, YouTube has finally overplayed its monopoly and tried to extract concessions from independent labels to license for a completely different service by threatening a cutoff from YouTube. And, of course, when YouTube says “cut off” from YouTube, what they mean is they will still let “user generated content” created from the indie labels artists flow onto their system, it just won’t be monetized.
Copyrights & Campaigns
JANUARY 27, 2009
In fact, many have indicated their willingness to approach the web video infringement issue through more cooperate means, such as the UGC principles (which Seidenberg ignores). However, sending takedown notices to some UGC sites is often akin to playing a frustrating game of Whac-a-Mole. The February 2009 edition of the ABA Journal has a long article by attorney Steven Seidenberg titled "Copyright in the Age of YouTube." (He
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