Record Companies' Lawsuit Against Vimeo Heads Towards Appellate Showdown

THR, Esq. Entertainment & Media Law Blog

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.

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Ninth Circuit Court of Appeals Makes Landmark Ruling In Copyright Case

THR, Esq. Entertainment & Media Law Blog

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

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Trending Sources

Yet Another Post On SOPA (Redux/Reposted)

DealFatigue

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.

Record Companies Allowed to Pursue Vimeo for Copyright Infringement

THR, Esq. Entertainment & Media Law Blog

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.

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Five Lies In YouTube’s Spin on Content ID

Music Technology Policy

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). They will only devote so much time to you, however, and they won’t do the manual claiming on UGC, etc.,

Loose Lips Syncing Shifts

DealFatigue

Back in the 80′s, MTV was cutting edge. To many of us growing up back then, music videos were as much a part of the soundtrack to our lives as the music itself.

Loose Lips Syncing Shifts

DealFatigue

Back in the 80′s, MTV was cutting edge. To many of us growing up back then, music videos were as much a part of the soundtrack to our lives as the music itself.

Fixing the Legacy DMCA by Contract

Music Technology Policy

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.

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@davidclowery: Does Google Use Dominance in Search to Steer Traffic to “Unofficial” YouTube Videos? — The Trichordist — Artist Rights Watch

Music Technology Policy

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 […].

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Grass Roots Licensing Of Youtube Fare

DealFatigue

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.

Grass Roots Licensing Of Youtube Fare

DealFatigue

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.

Grass Roots Licensing Of Youtube Fare

DealFatigue

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

Multichannel Networks Begin to Come in from the Cold: An Interview with David Kokakis of Universal Music Publishing on Universal’s deals with Maker and Fullscreen

Music Technology Policy

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).

User-Generated Content, Social Networks, and Virtual Worlds: Abstracts from Volume 11, No. 4

JetLawBlog

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.

The MTP Interview: Alan Graham’s Artist’s Guide to Blockchain, Open Music Initiative, Smart Contracts and Dark Social (Part 1)

Music Technology Policy

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?

The YouTube Autonomous Zone in Canada’s Bill C-11

Music Technology Policy

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.

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User-Generated Content, Social Networks, and Virtual Worlds, Part II: Volume 11, No. 4

JetLawBlog

The Vanderbilt Journal of Entertainment and Technology Law is pleased to present three more abstracts from its most recent issue, which was released in May of 2009. The first three abstracts can be found here. Below are the summaries for Patenting Games: Baker v.

Millions are Homeless but YouTube Monetizes Philippines Sex Tourism Videos, Music by Jack White ads by @greatwolflodge @prudentialbyc @spices4life

Music Technology Policy

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.

I’m Sorry Dave, I’m Afraid I Can’t Do That: A day of silence

Music Technology Policy

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.

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Five Lies In YouTube’s Spin on Content ID

Music Technology Policy

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.

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Universal Leads Royalty Deadbeat Facebook Out of the Cold With Precedent Setting Licensing Deal

Music Technology Policy

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.

Adwords Banned Drug Arimidex Videos on YouTube

Music Technology Policy

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?

IP Colloquium: Can content survive online?

Copyrights & Campaigns

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.

Vevo Shows YouTube Advertisers How You Do It

Music Technology Policy

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.

It’s Not Whack A Mole if You Own the Mole: New York Times Coverage of Brand Sponsored Piracy

Music Technology Policy

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).

“YouTube for YouTube” @midem: @davidclowery and @theblakemorgan Review “YouTube For Artists”

Music Technology Policy

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.

Susan Wojcicki’s YouTube targets teens and pre-teens–and it’s a total #FAIL

Music Technology Policy

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.

Creative Commons Corporation: Because it sure seems to cost a lot of money to give things away for free

Music Technology Policy

And there is probably no one more firmly in the UGC game than the Creative Commons Corporation except maybe Google. By Chris Castle reposted from August 2010. Hey Jude by John Lennon and Paul McCartney is licensed under a Creative Commons Attribution- NonCommercial - NoDerivs 3.0 Unported License. Based on a work at [link]. Permissions beyond the scope of this license may be available at [link]. What we [ copyfighters ] want to tell Hollywood is get over it….They

What are you authorizing when you allow YouTube to monetize your songs?

Music Technology Policy

Helloooo Mr. Alumunia: Indies file formal complaint against Google with the European Commission

Music Technology Policy

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.

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Progress Illinois and Public Citizen crow over fair use win; propose copyright reforms

Copyrights & Campaigns

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.

A2IM Joins the Fight Against Monopolist YouTube’s Notice and Shakedown Dirty Tricks

Music Technology Policy

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.

Creative Commons Corporation: Because it sure seems to cost a lot of money to give things away for free

Music Technology Policy

And there is probably no one more firmly in the UGC game than the Creative Commons Corporation except maybe Google. By Chris Castle reposted from August 2010. Hey Jude by John Lennon and Paul McCartney is licensed under a Creative Commons Attribution- NonCommercial - NoDerivs 3.0 Unported License. Based on a work at www.musictechpolicy.com. Permissions beyond the scope of this license may be available at [link].

ACTA: time to calm down, and look at the facts

Copyrights & Campaigns

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."

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Must YouTube re-post videos following a counternotice?

Copyrights & Campaigns

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.

New California Law Impacts Use of Information from Minors, Offers Right to Delete

New Media and Technology Law

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.

Some additional thoughts on UMG v. Veoh

Copyrights & Campaigns

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.

ABA Journal's "Copyright in the Age of YouTube": C&C's first fisking!

Copyrights & Campaigns

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

Viacom v. YouTube: A disappointing decision, but how important?

Copyrights & Campaigns

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.