Generic Fair Use

... where pop culture meets intellectual property law

Tag: YouTube

Coronavirus: Copyright Law and Revisionist History on the Internet

The only relevant thing in the news these days is information about COVID-19, the novel coronavirus. More formally known as coronavirus disease of 2019 and the underlying virus causing it: severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). There has not been much else worthy of writing about or reading about for a couple of months now. This is for good reason. COVID-19 is deadly serious and not to be underestimated.

Someone did not get this memo to multiple talking heads on television and the internet. Truth be told, I am not here to litigate the underlying science of the coronavirus. But I am absolutely here to dunk on those who initially went out of their way to downplay the pandemic only to later engage in lazy revisionist history. There are too many to name, but one in particular caught my attention. Because this person brought the law into it; thus bringing it directly into my area of expertise.

Hello, Dr. Drew. Please take a seat while we discuss “copywrite” laws.

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Prince spooks YouTube over Copyright Infringement (again)

… and your own concert video recordings on YouTube could be infringing, too

Prince has been gone for nearly four years. But his presence still looms large over copyright law. Even in death, Prince’s estate continues to keep a watchful eye over potential infringers of his musical works.[1] The latest dispute is a potentially haunting restriction of a popular feature on YouTube: people posting video clips of live performances. On January 6, 2020, the federal district court in Massachusetts determined that Prince’s estate has the sole right to distribute video clips of his live performances and that uploading certain song clips to a YouTube channel may even constitute copyright infringement.[2]

This case presents a multitude of legal issues to assess. Additionally, this ruling leaves a potential to a technology-based philosophical conundrum for future copyright cases as they intersect with YouTube style sites. I have a YouTube channel. On this channel I have posted covers of songs that I play on guitar. My videos are nothing fancy, but this recent case and others like it have determined that these videos can actually be infringing works. This article will try to address these legal landmines while exploring any possibility for copyright law as it exists today to be reconciled with how these personal camera-phone videos are treated by the law.

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My YouTube Cover Song is Legal, Right? (Well, maybe.)

[originally published on October 21, 2015 at www.law-dlc.com]

In August, Ryan Adams[1] announced his intentions to release song-by-song and nearly note-for-note cover of Taylor Swift’s “1989” album.[2]  He covered every single song and all of the same lyrics, just stripped down and re-recorded as a more guitar-based interpretation.[3]  It is a rather audacious project for an artist that is more of an indie musician than a pop star.  After the release of his covers album, many people asked me that all-too-common question:

How is that legal?  How is that not copyright infringement?

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