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Loose Lips Syncing Shifts
DealFatigue
DECEMBER 6, 2009
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.
UGC Related Topics 
Yet Another Post On SOPA (Redux/Reposted)
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.
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Yet Another Post On SOPA
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.
@davidclowery: Does Google Use Dominance in Search to Steer Traffic to “Unofficial” YouTube Videos? — The Trichordist — Artist Rights Watch
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 […].
Yet Another Post On SOPA
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.
Loose Lips Syncing Shifts
DealFatigue
DECEMBER 6, 2009
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
DECEMBER 6, 2009
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.
Grass Roots Licensing Of Youtube Fare
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
Grass Roots Licensing Of Youtube Fare
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.
Grass Roots Licensing Of Youtube Fare
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 youtubeMy kids turned me on to “Charlie The Unicorn” shortly after it made its debut on youtube several years ago.
Record Companies Allowed to Pursue Vimeo for Copyright Infringement
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.
Ninth Circuit Court of Appeals Makes Landmark Ruling In Copyright Case
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
Millions are Homeless but YouTube Monetizes Philippines Sex Tourism Videos, Music by Jack White ads by @greatwolflodge @prudentialbyc @spices4life
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.
User-Generated Content, Social Networks, and Virtual Worlds, Part II: Volume 11, No. 4
JetLawBlog
OCTOBER 26, 2009
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.
Record Companies' Lawsuit Against Vimeo Heads Towards Appellate Showdown
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.
The YouTube Autonomous Zone in Canada’s Bill C-11
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.
Adwords Banned Drug Arimidex Videos on YouTube
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?
Five Lies In YouTube’s Spin on Content ID
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.
Universal Leads Royalty Deadbeat Facebook Out of the Cold With Precedent Setting Licensing Deal
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.
I’m Sorry Dave, I’m Afraid I Can’t Do That: A day of silence
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.
Five Lies In YouTube’s Spin on Content ID
Music Technology Policy
JUNE 3, 2016
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.,
The Ennui of Learned Helplessness: Article 13 and the Five Lies in YouTube’s Content ID
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). They will only devote so much time to you, however, and they won’t do the manual claiming on UGC, etc.,
IP Colloquium: Can content survive online?
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.
Susan Wojcicki’s YouTube targets teens and pre-teens–and it’s a total #FAIL
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.
Fixing the Legacy DMCA by Contract
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.
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
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).
Vevo Shows YouTube Advertisers How You Do It
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.
What are you authorizing when you allow YouTube to monetize your songs?
Music Technology Policy
APRIL 23, 2013
'Right after Google bought YouTube, Google lawyer Zahavah Levine spoke on a panel at the Beverly Hills Bar Association during which she described the “whack a mole” aspect of how infringing content is posted, reposted, and reposted again on YouTube–unless you want to make a deal with YouTube. (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.). So what exactly are you agreeing to as a songwriter when you agree to relax and enjoy it as Ms. Levine suggested? What are you authorizing when you agree to “monetize” your “content” on YouTube? Take this example of a YouTube ad for “health-seller.com” And by the way–I don’t mean pre-roll ads for other products on this particular video, I mean the video is itself an advertisement. Against which other ads are sold. What is it an ad for? “Buy Pills Online Without Prescription” And what kind of pills? Cialis, Arcoxia, Levitra, Cardizem (heart relaxer), Casodex (prostate cancer treatment), Cloud9 Human Growth Hormone, Cytoxan (cancer treatment), and of course more different species of Viagra than Carter has…ah…pills. Google, as MTP readers will recall, is no stranger to the world of no-prescription pharmacies–the company’s senior management team (apparently going up to Larry Page and Eric Schmidt) were nearly indicted in a multiyear sting operation for which it paid $500,000,000 of the stockholders’ money. So it’s not like they don’t know what they are doing when they allow these pill pusher ads onto YouTube. In fact, this type of YouTube video may themselves violate the Google Nonprosecution Agreement that allowed them to get out of jail free (to the executives involved). OPM, man. And guess what is being advertised next to the drugs? Yes, Google Chrome. So this is how we know that the “no prescription” drug ad is “monetized” How is this relevant to songwriters? I’d suggest that it’s yet another version of whack a mole, Google’s favorite game that Ms. Levine, Mr. Von Lohman and Professor Fisher foreshadowed way back when. Listen to the music bed of the video: Sound familiar? Yes, it’s the Theme from House –it’s actually a song by Massive Attack called “Teardrop,” but these days everyone knows it from its very close identification with the House television show. When music is “licensed” on YouTube its usually in two licensing buckets–user generated content and music videos. (Unless of course it’s in the YouTube “partner” multichannel networks, in which case it’s not licensed at all the vast majority of the time. Don’t forget that YouTube describes these MCNs as “partners” We’ll come back to that in another post.). Music is not licensed for use as commercials, particularly not commercials for illegal pharmacies (that run for 4:22). Any guesses for how much a commercial use of “Teardrop” would set you back? If the writers even agreed to license it for a drug commercial? But what has probably happened in the case of the drug advertisement on YouTube is that the song was authorized for “monetization” but YouTube failed to tell anyone that the song was being used in the bed of a commercial made for YouTube. A drug commercial. This is pretty clearly the exact conduct that is prohibited by Google’s nonprosecution agreement as YouTube becomes the leading music source of choice for kids. You know–the kids that Health and Human Services Secretary Joseph Califano was concerned about when he wrote to Eric Schmidt in 2008 to implore Schmidt to stop the drug ads. That Schmidt ignored. So when you “monetize” a song on YouTube, just remember that you are giving up control of where your song appears because YouTube’s ContentID will not block these ads and no human will either. And as we know from the Google sting that resulted in the $500,000,000 fine to keep its executives out of jail, Google will actually look for ways to get around its own filters. How hard is it to automatically flag anything with the line “buy pills online without prescription” on a site largely devoted to kids? Is that so very hard to figure out? As Ms. Levine indicated back in 2006, there’s nothing you can do to actually stop Google from promoting dope on YouTube. Not even fine them $500,000,000. Maybe some day there will be a government that won’t let them buy their way out of jail, because that’s probably what it’s going to take to get their attention. But until then–what YouTube will likely say is that by deciding to monetize your music, you have authorized using it in the bed of an ad pushing drugs to kids and desperate people, even addicts. And they’ll be all happy and smug about that. It’s time to start demanding far greater accountability from Google. If they’re going to be using your music whether you like it or not, you should at least have the same control over the “new boss” that you would have over the “old boss.” And it would be a cold day in hell that the old boss ever approved a sync for an ad for an illegal pharmacy. Ad Supported Piracy'
A2IM Joins the Fight Against Monopolist YouTube’s Notice and Shakedown Dirty Tricks
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.
Helloooo Mr. Alumunia: Indies file formal complaint against Google with the European Commission
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.
The MTP Interview: Alan Graham’s Artist’s Guide to Blockchain, Open Music Initiative, Smart Contracts and Dark Social (Part 1)
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?
It’s Not Whack A Mole if You Own the Mole: New York Times Coverage of Brand Sponsored Piracy
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).
“YouTube for YouTube” @midem: @davidclowery and @theblakemorgan Review “YouTube For Artists”
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.
Progress Illinois and Public Citizen crow over fair use win; propose copyright reforms
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.
New California Law Impacts Use of Information from Minors, Offers Right to Delete
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.
Viacom v. YouTube: A disappointing decision, but how important?
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.
ACTA: time to calm down, and look at the facts
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."
Must YouTube re-post videos following a counternotice?
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.
Some additional thoughts on UMG v. Veoh
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.
ABA Journal's "Copyright in the Age of YouTube": C&C's first fisking!
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
Creative Commons Corporation: Because it sure seems to cost a lot of money to give things away for free
Music Technology Policy
NOVEMBER 28, 2011
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].
Creative Commons Corporation: Because it sure seems to cost a lot of money to give things away for free
Music Technology Policy
AUGUST 22, 2011
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
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