Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
No Contract Breach In YouTube Removal Of Music Video
Lawyers for YouTube beat back a breach of contract suit over its removal of a reggae music video, by persuading a federal judge that YouTube's user agreement gives the company broad discretion to take down whatever material it sees fit. Song Fi Inc. v. Google Inc., 14-5080
“Luv Ya,” a music video recorded by the Rasta Rock Opera, may be one of the most innocent videos YouTube has removed for violating its terms of service. It features two 5-year-olds getting dressed up and going out to a restaurant for Valentine's Day lunch as reggae musicians serenade them. YouTube claimed the video's producer used robots to artificially inflate its view count, which is prohibited by the company's terms of service. Plaintiffs, including Rasta Rock Opera and music production company Song Fi Inc., denied using bots, and sued YouTube and owner Google Inc. for breach of contract and for libel.
Judge Samuel Conti of the U.S. District Court for the Northern District of California agreed with YouTube's argument that the company's terms of service give it sole discretion to remove videos from its streaming platform. “While the court believes ' that YouTube's terms of service are inartfully drafted, YouTube is correct,” District Judge Conti decided, in granting YouTube's motion to dismiss the breach of contract claims. “The terms of service unambiguously reserve to YouTube the right to determine whether 'content violates these terms of service' and, 'at any time, without prior notice and in its sole discretion, remove such content.'”
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?