News & Analysis as of

Online Videos

No Fairytale Ending for Unauthorized Movie Streaming

by McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction against an online video streaming service, finding that the movie studio plaintiffs were likely to succeed on the merits for violations under the...more

A Bold Victory for Copyright Fair Use

Get your webcams ready: the reaction video genre got a huge shot in the arm from the Southern District of New York this week. h3h3 Productions, a popular YouTube channel with well over four million subscribers, has been...more

China introduces new rules to "purify" online video content

by DLA Piper on

With effect from 1 July 2017, new rules have been introduced by the China Netcasting Services Association ("CNSA") which increase the regulatory scrutiny applied to online video content. The rules, which are aimed at video...more

Best Practices for Using Third-Party Content on Your Company’s Website

Does your company’s website include or link to third-party content? If so, there are potential legal issues that may arise under copyright law and website terms of use that can be minimized or avoided by implementing some...more

Bill Banning Streaming Video Tax Rejected - Legislation that would prohibit California localities from imposing taxes on streaming...

On April 24, 2017, the Assembly Committee on Revenue and Taxation (Committee) voted unanimously to postpone for at least one year a bill that would temporarily ban California localities from taxing streaming video services. ...more

Online video services to be regulated

by Dentons on

On 1 May 2017 the President of the Russian Federation signed Federal Law No. 87-FZ on Amendments to the Federal Law on Information, Information Technologies and Information Protection and Certain Legislative Acts of the...more

Russia: Proposed Audiovisual Services Law Approved by State Duma

by Morgan Lewis on

On April 21, the Russian State Duma (lower house of the Russian parliament) approved amendments to the Russian Law on Information, Information Technologies and Protection of Information regarding audiovisual services....more

UC Berkeley To Remove More Than 20,000 Online Videos From Public Access In Response To DOJ Captioning Demand

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Fewer online videos from UC Berkeley will available to the public as a result of a DOJ demand that the videos have closed captioning....more

Defence & Indemnity - February 2017: II. LIABILITY ISSUES

by Field Law on

1. The Motions Judge (Dow, J.) set aside the Default Judgment awarding the Plaintiff thrown away costs of $10,000.00 and issued a publication ban on consent of all parties.   a. The Court summarized the factors to be...more

Bieber, Beer, and… Protective Orders

by Butler Snow LLP on

On February 8, 2017, pop star Justin Bieber was scheduled to be deposed in Santa Monica, California. Lawyers traveled from Nashville to California for the deposition, but upon arrival they were informed Bieber was too ill to...more

Intellectual Property Bulletin - Winter 2017

by Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

California Legislation Introduced to Ban Local Taxation of Streaming Video

On January 31, 2017, California Assembly Bill 252 was introduced by Assembly Member Sebastian Ridley-Thomas to prohibit California cities and counties from subjecting streaming video to tax. As we have previously...more

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

by Hogan Lovells on

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex. Please see full...more

New DMCA Designated Agent Requirements Effective December 2016

On November 1, 2016, the United States Copyright Office published an amendment to 37 CFR § 201.38 that changes the registration requirements for Designated Agents under the Digital Millennium Copyright Act. Effective...more

Russia: Possible Foreign Ownership Restrictions on Online Video Services

by Morgan Lewis on

Russia is considering new restrictions on foreign ownership and control of online video services, similar to the rules recently imposed on “mass media” such as television, radio, and publications....more

Video Upload Facilitation Patents Invalid Under Alice Framework

On November 10, 2016, Judge David C. Godbey of the United States District Court for the Northern District of Texas held that two video upload patents were invalid under 35 U.S.C. § 101. The patents, owned by Youtoo...more

When It Comes to the DMCA, a Red Flag Becomes Harder to Fly

It is unlikely that when Stephanie Lenz posted a home video of her children dancing to Prince’s “Let’s Go Crazy” on YouTube, she could have anticipated that, nearly a decade later, she would be seeking U.S. Supreme Court...more

The FTC's Crackdown on Social Media #Ads

by Nossaman LLP on

In the ongoing effort to reach the hearts and minds of consumers, brands are increasingly looking beyond the traditional media outlets of radio, print and television. The recent meteoric rise and diversity of social media...more

Dancing Baby May Be Headed To Supreme Court

by Fish & Richardson on

On August 12, 2016, the Electronic Frontier Foundation (“EFF”) petitioned the Supreme Court on behalf of its client, Stephanie Lenz, to reverse the Ninth Circuit’s decision in Lenz v. Universal Music Corp., 801 F.3d 1126...more

Digital Single Market Update: The European Commission’s Proposal to Revise the Audiovisual Media Services Directive

by Morrison & Foerster LLP on

The European Commission has proposed legislation in the EU to provide a uniform legal and competition framework for video-streaming services provided via the Internet. The regime includes changes to advertising, the...more

Digitally Delivered Products Now Subject to Sales Tax in Pennsylvania - Tax Update Volume 2016, Issue 3

by Pepper Hamilton LLP on

The implementation of sales tax on the thousands of services that are delivered digitally can prove vexing. Have you downloaded a book recently or sent an e-card? Is your billing address in Pennsylvania? If so, as of August...more

[BREAKING] LinkedIn Ventures Into Video

by Nancy Myrland on

Those of you who know me know I’m bullish on video, and livestreaming, video’s real-time cousin. I’ve been waiting for LinkedIn to launch a native video app so users can reach audiences with a medium that removes yet another...more

Ariana Grande’s online antics result in job loss at the White House

by FordHarrison on

Newly leaked e-mails reveal that pop sensation Ariana Grande lost a gig performing at the White House based on a video circulated online last year. The surveillance footage taken at a California doughnut shop showed Grande...more

Updating the AVMS Directive: making VoD services pay?

by Reed Smith on

Our latest client alert on the European Commission’s Digital Single Market strategy sets out some of the key aspects of the most recent proposal from the Commission relating to the Audiovisual Media Services Directive and...more

Private Bankrolling of Defamation and Privacy Suits

by LeClairRyan on

The New York Times recently reported that famed Silicon Valley investor and PayPal co-founder Peter Thiel has been secretly bankrolling “Hulk Hogan’s” (real name Terry Bollea) invasion of privacy suit against Gawker Media....more

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