Social Media & Internet Law - Discussion 3/22/20131

 Introduction  Scary things in copyright law  Common sense things to care about  Questions 3/22/20132 Agenda

 Silicon Valley tech lawyer for >20 years  Intellectual property lawyer  Patents, copyrights, trade secrets  General counsel of a computer game company  Currently work in the movie industry  Technology research on digital distribution  Content protection and piracy prevention 3/22/20133 Introduction

 Fingerprinting videos & songs  YouTube Content ID, Shazam, IntoNow, Auditude  Vobile, DTecNet, Irdeto  Anti-piracy vendors  Crawl and download billions of clips and videos  Compare to databases of fingerprints  Find movie & TV content posted without permission 3/22/20134 Content identification

 UGC/YouTube sharing  P2P/BitTorrent downloads  Cyberlocker downloads  Video streaming sites  Links to infringing materials  Facebook, Twitter, blog sharing 3/22/20135 Internet Statistics Gathering

 Jammie Thomas-Rasset - $222K/24 songs  Joel Tennenbaum - $675K/30 songs  Kim Dotcom – New Zealand/Megaupload  Aaron Swartz – federal indictment/scholarly articles  Bradley Manning – WikiLeaks 3/22/20136 Scary things

 Developed for a prior generation of technology  Has not kept up  Everybody’s winging it  Making up rules as we go  Testing them in court  Disrupting established practices & business models  Risking the consequences 3/22/20137 Copyright law - few clear rules

 Chillingeffects.org  eff.org/issues/bloggers/legal/liability/IP eff.org/issues/bloggers/legal/liability/IP  Creativecommons.org  google.com/transparencyreport/removals/copyright/f aq/ 3/22/20138 Things to check out

3/22/20139 Common sense things to care about

 Truth  What do artists and companies care about?  Their livelihood usually  Linking, deep linking  Quoting, copying  Sampling  Facts & ideas  Government documents  Fair use 3/22/ Common sense things to care about

 News reporting, commentary, criticism, research, teaching and scholarship  No blanket protection  Purpose – public info, commercial, etc.  Type of work copied – factual, opinion, expression  Extent of copying  Effect – economic harm  Fuzzy rules, but common sense a good guide 3/22/ Fair use – general rule

 Common sense a good guide  Music – small samples  Harlem Shake lawsuits  Video – same, don’t give away the key scene  Photos – hard to use without taking the whole thing  Photographers care a lot  Link to legal sources where possible 3/22/ Fair use – fuzzy