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Can a Brand Create a Harlem Shake Video Without Permission - Ad Age Mini Law Lesson
Can a Brand Create a Harlem Shake Video Without Permission - Ad Age Mini Law Lesson
Can a Brand Create a Harlem Shake Video Without Permission - Ad Age Mini Law Lesson
Can a Brand Create a Harlem Shake Video Without Permission - Ad Age Mini Law Lesson
Can a Brand Create a Harlem Shake Video Without Permission - Ad Age Mini Law Lesson
Can a Brand Create a Harlem Shake Video Without Permission - Ad Age Mini Law Lesson
Can a Brand Create a Harlem Shake Video Without Permission - Ad Age Mini Law Lesson
Can a Brand Create a Harlem Shake Video Without Permission - Ad Age Mini Law Lesson
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Can a Brand Create a Harlem Shake Video Without Permission - Ad Age Mini Law Lesson

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A discussion of how people have been using the Harlem Shake and Other Songs on YouTube Without Getting Sued

A discussion of how people have been using the Harlem Shake and Other Songs on YouTube Without Getting Sued

Published in: Education
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  • 1. Mini Law Lesson: Can a Brand Create a “HarlemShake”/”Gangham Style”/”Call Me Maybe” Video Without Permission Brian Heidelberger Winston & Strawn bheidelb@winston.com
  • 2. IMPORTANT DISCLAIMER• This is not legal advice.• I am not your attorney.
  • 3. What is the “Harlem Shake”• Song by Bauuer (a/k/a Harry Rodriguez)• Dance goes back to 1981• Over 40,000 Videos Have Been Uploaded
  • 4. License You Need to Play Music in a Video• “Synchronization License” – from the owner of the sheet music (publisher)• “Master Recording License” – From the owner of the sound recording (record label)• Rights are often (not always) owned by two separate companies• Also Public Performance License Needed – YouTube Has – You Would Need to Get For Your Own Website
  • 5. Is it “Public Domain” or “Fair Use”To Make One Without Permission• Most Video Are Probably Using the Song Without a License• Most Aren’t Brand Videos• Why is Nobody Getting Sued? (Yet)• Not Because its “Public Domain” (Its Not)• Not Because its “Fair Use” (It’s Probably Not)• Because of YouTube’s Content ID
  • 6. YouTube’s Content ID• Song Owners Can List their Songs With Content ID• Videos Are Flagged if Includes a Song Registered With Content ID• Song Owner Can Block, Tracking, or Add Ads to the Video• Administer of Harlem Shake: – “we’ve from the beginning, been very much a proponent of allowing everybody to do whatever they want with our stuff, as long as we’re able to monetize it”• Gangham Style = $2 million in YouTube revenue
  • 7. Inherent Risks/Business Considerations?• YouTube Is the Only Social Media Site With Content ID – Posting the Video On Your Facebook Page, Website or Other Forum Doesn’t Make The Song Owner $$• Just Because a Song Owner Uses Content ID, Doesn’t Necessarily Immunize You From Copyright Infringement – Brand’s Use For Marketing Likely Much Higher Risk of Claim Than Other Uses
  • 8. More Videos? Search Adage.com; or Go to youtube.com/BrianHeidelberger– Brand’s Use of Vine, Pinterest and Facebook– How to Respond to a Cease and Desist– Use of Celebrities in Social Media– Who’s Been Sued in Digital Media and Why

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