HIDDEN IP PITFALLS OF STREAMING VIDEO AND BEST PRACTICES TO AVOID THEM
In the wake of coronavirus (COVID-19) restrictions, many companies have switched from live presentations to delivering content via streaming video. For example, fitness studios have transitioned to providing classes on YouTube and other platforms, professional conferences have moved to videoconferencing, and schools at all levels have transitioned to videoconferencing.
Additionally, numerous companies and celebrities have begun posting streaming content on YouTube, Facebook Live, TikTok, Instagram and other platforms. This format change is often coupled with other changes: differences in audience scope and size, increased reliance on multimedia, such as video clips and slides to aid presentations, and new locations, including the presenter’s or teacher’s home.
These changes can have significant consequences from an intellectual property (IP) perspective because many aspects of copyright and trademark law depend on the scope of the audience, the mode of transmission and the context in which audience members encounter the IP. While these issues are familiar to Hollywood production crews and clearance lawyers who routinely deal with them, they may be surprising to others more accustomed to live formats – and thus switching from live classes to streaming video may present hidden pitfalls.
Copyright considerations. While there may be some differences across jurisdictions, copyright protects creative expression. This includes things like music, videos, photographs, drawings, sculptures, posters, books and more. Copyright owners have a limited monopoly to control who uses their works and how. Copyright law thus governs the use of creative works that may be part of or incorporated into a corporate presentation, such as background music, images in PowerPoint slides and artwork visible in the background.
Jul-Sep 2020 issue
Kirkland & Ellis LLP