When starting out in the entertainment industry one should always do your homework and look at all the possible things that can be a potential set back. Legal issues tend to be one of the most important aspects of ones business and can lead to good and or bad results. This week in my Entertainment Law Class we are talking about Industry Liabilities. Copyright seemed to be one of the biggest issues in the entertainment industry. Listed below you will find examples of some controversies that have an impact on the industry.
CASE#1 eBay loses copyright infringements in Europe.
This case talks about how eBay being sued for allowing its users to illegally use trade makes for big brand companies. eBay argues that they should not be liable for the products or information that the clients uses on their site to run a business. The courts rules against eBay and they are found responsible for trademark infringements. In my opinion I have to agree with the courts, eBay should pay close attention to the information and products that they allow their clients to sale. Because eBay is the host they should make sure each client has the permission and right to use other’s trademarks. A lot of the times clients will think that the company hold the license and will take full responsible if something like this were to arise. It is the responsibility of eBay to make sure their clients follow all the rules and law of copyrights. This will protect eBay from future lawsuits.
http://www.thinq.co.uk/2011/7/12/ebay-loses-trademark-infringement-case-europe/ Retrieved July 10, 2011
Case#2 YouTube, Google Vs Viacom
Viacom file a suited against Google and YouTube because they say “Google and YouTube are liable under the legal precedent set by MGM Studios v. Grokster for copyright infringement. What is more, Google knew before it bought YouTube that the website was based on pirated content. Even more, Google had techniques (simple, cheap ones) at its disposable to protect copyrights, and chose not to use them”(Viacom). Google defense their selves by saying Viacom is contradicting them selves. Now I would have totally agreed with Viacom had they not being use these sites their selves to upload their music and materials along with everyone else who is doing so. You cannot be doing wrong and them turn around and file a claim against someone because you feel as though they are violating your rights. YouTube is a huge site with thousands of users just like Google and when individuals sign up to use their site it’s is clear that you are not suppose to upload video or content that is not your original material. Instead of Viacom trying to file claim against Google they should file claim against those they feel are illegally using their work and imposing, as it is their own material. I agree with Google 100% to fight back and I am happy that the courts rule in their favor. I feel like Viacom was trying to have their cake and eat it to. Viacom tried several times to purchase the site and was denied. Now they want to sue for one billion dollars of Google’s money. I do not see this case going no further than it already have. I understand Viacom concerns and their reasoning, but in order to make a claim you cannot be a participating party in the wrongdoing you are suing for.
http://thenextweb.com/us/2010/03/18/youtube-viacom-lawsuit-explained/ Retrieved July 10, 2011
Case#3 LimeWire Losses RIAA case over copyright infringement
LimeWire is software that allows individuals to upload, download and share music file. They were sued by RIAA because they did not have a license to allow others to have access music that was produced by others. Unlike in the YouTube and Viacom case, YouTube has a license and is protect by the DMCA and LimeWire does not. LimeWire Vs RIAA is similar to the suits that were being filed against Napster. In the article they said they are not trying to shut the site down they just want them to obtain a license to become a legal site. I have to agree with the courts ruling in favor of RIAA because it not fair to the many artist out here in the world who is working hard to be successful in their career. They spend all this money on their material for other’s to illegally copy it without the owners consent. The artist job is their material that they create and publish and LimeWire wants to have access to their music then they should do it the legal way so that the artist is compensated and receives credit for their work. This will eliminate lawsuits similar to these cases.
http://www.huffingtonpost.com/2010/05/12/limewire-loses-riaa-case-_n_574338.html. Retrieved July 10, 2011
After review the following above cases my advise to my self and those who are look at a career in the entertainment industry, because careful when use material that do not belong to you. Make sure that if you are participating in any social network sites and they allow you to download and upload pictures and music that they have a license and or you receive a license to have access to other’s material. It is so easy to get caught up in lawsuit that you do not even see coming.
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