Copyright Liabilities for Uploading and Streaming Videos
Content
Copyright Liabilities for Uploading and Streaming Videos
J. Devlin Hartline, Sr., J.D. As per Flava Works, Inc. v. Gunter, No. 11-3190, 2012 WL 3124826 (7th Cir. Aug. 2, 2012). Available at: http://www.scribd.com/doc/102162833/ The opinion is not the model of clarity, and these tables represent my understanding of what the court identified as liabilities in general for the given infringing acts. The tables do not indicate what the court found to be myVidster’s liabilities in particular under the facts of the case. The reproduction and distribution rights are grouped together as the court did not differentiate between the two. Chain of events: (1) uploader places infringing file on file host server, (2) linker places link on link host server that points to infringing file on file host server, and (3) streamer uses link on link host server to stream infringing file from file host server.
Act: uploading infringing file reproductiondistribution (direct) public right performance violated (direct) (liability reproductiontype) distribution (indirect) public performance (indirect)
uploader yes
file host no
party linker no
link host no
streamer no
n/a
n/a
n/a
n/a
n/a
no
maybe
maybe
maybe
maybe
n/a
n/a
n/a
n/a
n/a
Act: streaming infringing file reproductiondistribution (direct) public performance (direct) reproductiondistribution (indirect) public performance (indirect)
uploader n/a
file host n/a
party linker n/a
link host n/a
streamer n/a
right violated (liability type)
yes
maybe
no
no
yes
n/a
n/a
n/a
n/a
n/a
no
maybe
maybe
maybe
no
n/a: the given act does not implicate the given right
J. Devlin Hartline, Sr., J.D. As per Flava Works, Inc. v. Gunter, No. 11-3190, 2012 WL 3124826 (7th Cir. Aug. 2, 2012). Available at: http://www.scribd.com/doc/102162833/ The opinion is not the model of clarity, and these tables represent my understanding of what the court identified as liabilities in general for the given infringing acts. The tables do not indicate what the court found to be myVidster’s liabilities in particular under the facts of the case. The reproduction and distribution rights are grouped together as the court did not differentiate between the two. Chain of events: (1) uploader places infringing file on file host server, (2) linker places link on link host server that points to infringing file on file host server, and (3) streamer uses link on link host server to stream infringing file from file host server.
Act: uploading infringing file reproductiondistribution (direct) public right performance violated (direct) (liability reproductiontype) distribution (indirect) public performance (indirect)
uploader yes
file host no
party linker no
link host no
streamer no
n/a
n/a
n/a
n/a
n/a
no
maybe
maybe
maybe
maybe
n/a
n/a
n/a
n/a
n/a
Act: streaming infringing file reproductiondistribution (direct) public performance (direct) reproductiondistribution (indirect) public performance (indirect)
uploader n/a
file host n/a
party linker n/a
link host n/a
streamer n/a
right violated (liability type)
yes
maybe
no
no
yes
n/a
n/a
n/a
n/a
n/a
no
maybe
maybe
maybe
no
n/a: the given act does not implicate the given right
