Australia’s Draft Law Bids Facebook, Google to Pay for News

The Australian Competition and Consumer Commission is drafting a bill that would require Facebook and Google to negotiate with media publishers and pay for content that appears on their sites. Facebook has responded by threatening to block users and news organizations from sharing local and international news stories on its site. Google, which said its free service would be “at risk,” stated that the law would give media companies “special treatment” that would allow them to make demands that would be difficult to meet. Continue reading Australia’s Draft Law Bids Facebook, Google to Pay for News

Instagram Users Can Be Sued for Embedding Images in Posts

Instagram users have embedded images in their posts, believing that they were protected against copyright claims. Facebook now explains that, “while our terms allow us to grant a sub-license, we do not grant one for our embeds API.” In other words, a user who embeds someone’s Instagram post on her website has to ask the poster in advance for a separate license to the post’s images. Those who don’t could be subject to a lawsuit. Professional photographers will be able to better negotiate with publishers based on these terms. Continue reading Instagram Users Can Be Sued for Embedding Images in Posts

Australia and France Seek Changes to Big Tech News Model

Last summer, the Australian Competition and Consumer Commission put together a 623-page report that pointed to Facebook and Google as the reason for the precipitous decline in local news and public policy reporting. Commission chair Rod Sims, who wrote the report, stated that, “global tech companies are not beyond national laws, especially when there is so much at stake.” He and French regulator Isabelle de Silva are challenging those two tech behemoths for carrying news organizations’ content without paying them. Continue reading Australia and France Seek Changes to Big Tech News Model

HPA Tech Retreat: Evolving Security for Media & Entertainment

An increasing concern over content security was the subject of HBO/WarnerMedia productions and content security head Marc Zorn’s talk on “Why Traditional Information Security Doesn’t Fit in Most of Media & Entertainment.” “Film security was based on physical controls,” he said. “Post production began after photography, and threats were primarily from post onwards.” Once the workflow became digital, he added, threats to digital media looked like IT security, “from an IT security professional’s perspective.” Continue reading HPA Tech Retreat: Evolving Security for Media & Entertainment

HPA Tech Retreat: An Update to Compelling Copyright Issues

At the HPA Tech Retreat in Rancho Mirage, California, Thompson Coburn partner Jim Burger presented his annual update on activities in Washington D.C. relevant to the media and entertainment business. Among the numerous copyright issues that Burger examined was the long-running case of Oracle America v. Google, which is centered on whether or not Oracle’s Java APIs are copyrightable. Google used early versions of the APIs to create its Android operating system. Continue reading HPA Tech Retreat: An Update to Compelling Copyright Issues

House of Representatives Sends Copyright Act to Senate

In a 410-6 vote, the House of Representatives approved the Copyright Alternative in Small-Claims Enforcement (CASE) Act that will allow online content creators to more efficiently pursue infringers. Congressman Hakeem Jeffries (D-New York) introduced the measure last year. If it becomes law, it will create a new small claims court with a tribunal of copyright claims officers who would work with both parties to resolve the issue. Potential damages would no more than $15,000 per claim or $30,000 in total. Continue reading House of Representatives Sends Copyright Act to Senate

Taylor Swift Returns to Streaming With Her Seventh Album

Taylor Swift, the last streaming holdout among major musical artists, embraced the technology by releasing her seventh studio album, “Lover,” on Spotify and other streaming services. She had pulled her music from Spotify in 2014, and, in 2017, withheld her sixth album, “Redemption,” from streaming services for three weeks. According to Nielsen, in that year, streaming accounted for about 60 percent of all U.S. music consumption; this year it’s up to 80 percent. Spotify is making the most of Swift’s move with a very visible marketing campaign. Meanwhile, Swift has also helped launch an industry-wide conversation about copyright. Continue reading Taylor Swift Returns to Streaming With Her Seventh Album

CASE Act’s Copyright Enforcement Draws Mixed Response

In July, a bipartisan group from the Senate Judiciary Committee reintroduced the Copyright Alternative in Small-Claims Enforcement (CASE) Act, by which the U.S. Copyright Office will create a three-person Copyright Claims Board that will supervise a ‘small claims-style’ system for damages. The Copyright Alliance and the Graphic Artists Guild approved the move, which allows a copyright owner whose content was used without permission to claim for damages up to $15,000 for each work and $30,000 in total. However, some groups are opposing the Act and question the cost of such an approach. Continue reading CASE Act’s Copyright Enforcement Draws Mixed Response

Publishers and Authors Guild Oppose Audible Text Feature

Audible, the audiobook app owned by Amazon, is using machine learning to transcribe audio recordings, so listeners can also read along with the narrator. Audible is promoting it as an educational feature, but some publishers are up in arms, demanding their books be excluded because captions are “unauthorized and brazen infringements of the rights of authors and publishers.” Publishers are concerned that this will lead to fewer people buying physical or e-books if they can get the text with an Audible audiobook. Continue reading Publishers and Authors Guild Oppose Audible Text Feature

New YouTube Policy Enables Easier Copyright Claim Fixes

YouTube just made it easier for video creators to handle manual claims of copyright infringement. With the updated policy, copyright owners will have to say where in the video their material occurs, making it easier for creators to determine whether the claim is legitimate and then to edit out content if it is. In the past, creators would have to search through their videos to find the offending material, uncertain as to where it was, making it difficult to find and fix or dispute. Continue reading New YouTube Policy Enables Easier Copyright Claim Fixes

Jury Finds VidAngel Must Pay Movie Studios $62.4 Million

U.S. District Judge Andre Birotte had ruled that VidAngel, which has streamed hundreds of Disney, Fox and Warner Bros. movies without permission, was illegal. Now a jury has ordered the company to pay $62.4 million to those injured studios, potentially forcing it to shutter its doors. The Utah-based VidAngel ripped movies from DVD copies and then created versions sanitized of violence, sex and other so-called objectionable material. Earlier, VidAngel stated that it was allowed to do this under the federal Family Movie Act. Continue reading Jury Finds VidAngel Must Pay Movie Studios $62.4 Million

YouTube Aims For Trending Videos to Come From Own Site

On the heels of a controversial quarter, YouTube chief executive Susan Wojcicki sent a newsletter to YouTube users and creators announcing that half of all featured videos on the site’s trending tab will come from YouTube itself. This assurance is meant to alleviate worries from some of YouTube’s most popular content creators who have concerns over copyright challenges, advertising policies, and video monetization, particularly related to YouTube’s favoring of more traditional content (movie trailers, TV clips) on its trending tab.

Continue reading YouTube Aims For Trending Videos to Come From Own Site

Spotify at 100 Million Paid Subscribers, Expands Podcasting

Music streaming giant Spotify exceeded analysts’ quarterly expectations when it announced it hit the coveted 100 million paid subscriber mark, a first for any music streaming company. That news, combined with a growing podcast business, enabled the company to narrow its loss in the most recent quarter, during which Spotify acquired podcast companies Gimlet Media and Anchor, as well as announced plans to acquire podcast producer Parcast. Spotify plans to spend as much as $500 million on non-music deals this year.

Continue reading Spotify at 100 Million Paid Subscribers, Expands Podcasting

EU Votes For Copyright Rules Opposed by Nativist Groups

In a vote of 348 to 274, nineteen out of the European Union’s 28 member countries voted in favor of reformed laws to protect content creators. Critics of the reform — including large tech companies — argue that the rules will reduce free speech online, with Articles 11 and 13 of particular concern. European Commission president Jean-Claude Juncker declared that the new copyright rules are “fit for the digital age.” In the lead-up to the vote, nativist groups in many countries worked to defeat the new rules. Continue reading EU Votes For Copyright Rules Opposed by Nativist Groups

Europe Passes a Strict Law That Favors Copyright Holders

The European Union adopted a strict online copyright law requiring technology companies to ink licensing agreements with authors, musicians and news publishers. The goal is to force technology platforms to proactively remove unlicensed copyrighted content from their sites, rather than respond to thousands of complaints by copyright holders. Lobbying leading up to the vote was vigorous. While media companies are celebrating the move, the new law is a blow to companies such as Google and Facebook, as well as free speech advocates. Continue reading Europe Passes a Strict Law That Favors Copyright Holders

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