Friday, March 10, 2023

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ESPN & beIN Accused of Stealing Fan's Viral 'Ancelotti Chewing Gum' Video
Ernesto Van der Sar, 10 Mar 11:31 AM

rights moneyViral videos are big business. Therefore it's no surprise that specialized companies emerged to help the lucky few to monetize their viral content.

These companies typically take care of licensing and legal issues. This is also the case with Videohat, which uses the 'catchy' tagline "Rights = Money".

Unfortunately, however, getting paid isn't always straightforward. When a video goes viral, thousands of copies are made without permission, even by mainstream news outlets, other licensing companies, and some of the world's largest copyright businesses.

Viral Gum Video

This is also what Youssef Abu Bakr noticed when he uploaded a TikTik video of Real Madrid manager Carlo Ancelotti, sharing one of his 'trademark' chewing gums. This gesture generated millions of views on TikTok and was reposted thousands of times without permission.

ESPN's Watermarked TikTok

espn gum

Bakr licenses his videos through Videohat and the latter found out that rights don't always equal money, not directly. In addition to thousands of smaller accounts, mainstream companies including ESPN also copied the clip, as shown above.

Hoping to get rewarded, Videohat reached out to ESPN with a licensing deal but that didn't get the desired result. This eventually prompted the company to file a formal case at the U.S. Government's Copyright Claims Board (CCB) which was launched last year to deal with these types of smaller disputes.

ESPN Hit With Copyright Claim

According to the claim, ESPN is a renowned network that should be quite familiar with copyright law and licensing requirements. Despite this, ESPN reportedly failed to cooperate when Videohat reached out.

The alleged wrongdoing isn't limited to the TikTok video either. Similar posts appeared on ESPN's Twitter, Facebook, and YouTube accounts. The latter pair had been removed at the time of writing.

espn

Instead of agreeing to license the video, or reaching out to the original creator, Videohat says that ESPN continues to show the clip without permission to this day. How would ESPN act if the tables were turned, the licensing outfit questions.

"The question is: if we or one of our clients has uploaded a sports event owned by ESPN, would it be ok? Of Course not. Same should apply to ESPN distributing our content without permission,"

"We are asking for a relief of 1500USD per license per URL. (Total of 4500USD)," Videohat's claim adds.

beIN Complaint

ESPN wasn't the only sports network hit with a copyright claim, beIN received the same treatment. In a nearly identical complaint, Videohat accuses beIN's American arm of copying the video without permission and posting it to Facebook and YouTube.

Interestingly, Videohat demands a higher damages figure from beIn, namely, $2,500 per URL for a total of $5,000. At the time of writing, the Facebook post is still online.

Whether the Copyright Claims Board will get to decide on the issue is unknown at this point. The board provides a relatively cheap option to resolve copyright disputes but it's not mandatory; the accused party has the right to opt out of the proceeding. If that happens, Videohat can still choose to go to federal court.

Copyright Claims Progress?

Thus far the Copyright Claims board hasn't led to a wave of rulings. On the contrary, of the 383 cases filed, only one resulted in a full decision.

Plagiarism Today reports that in this pioneer case, the board awarded $1,000 to a photographer who discovered that his work was used on the website of a California-based law practice. This is significantly lower than the $30,000 that was initially requested.

More than half of the CCB cases (198) have been closed for other reasons. This often happens when a complaint is not fully compliant and, as expected, there's also a significant percentage of defendants who opt out.

From: TF, for the latest news on copyright battles, piracy and more.

ACE & New Anti-Piracy Coalition Target South Korean Video Piracy Globally
Andy Maxwell, 09 Mar 09:22 PM

noonoo-logoMillions of subscribers to Western streaming services will testify to the South Korean content explosion of recent years.

The 'Korean Wave' cultural phenomenon, boosted by movies and TV shows such as Squid Game, Train to Busan, and Parasite, is something to behold.

From the successes of BTS and Psy's Gangnam Style to the magnificent 'Oldboy' released two decades ago, South Korean entertainment quite rightfully receives worldwide appreciation. If everyone actually paid for these pleasures, that would be the icing on the cake for South Korea.

Oppa Anti-Pirate Style

In a combined effort to crack down on piracy of local content, major South Korean broadcasters, including KBS, MBC and JTBC, the Korea Film and Video Copyright Association (film producers and distributors), plus streaming platforms TVING and Wavve, have announced the formation of a new, piracy-fighting coalition.

The Video Copyright Protection Council (이하 영보협) will receive support from the South Korean government's Copyright Commission as it works to curtail both local and overseas pirates. An interesting factor here is that the project involves the Alliance for Creativity and Entertainment, the world's largest anti-piracy coalition.

First Official Target Revealed

The new coalition is expected to file a criminal complaint in South Korea today targeting pirate streaming giant Noonoo TV. While unfamiliar to many in the West, the site offers movies and TV shows to an audience of tens of millions, making it one of the more obvious choices for enforcement action.

noonoo-tv

The anti-piracy coalition blames Noonoo TV for falling subscriber numbers on legal streaming services. According to various reports, in February Noonoo TV's operator claimed that the platform's video content had accumulated more than 1.5 billion views, a figure that would outstrip traffic to legal alternatives.

Alleged Damages: 5,000,000,000,000 South Korean Won

Five trillion won at today's rates equates to roughly $3.78 billion, an unprecedented damages claim for a copyright case. Ahn Sang-pil, deputy director of MBC's legal team, says the amount is justified.

"The amount of damage to the domestic video industry caused by Noonoo TV is estimated to be 4.9 trillion won when simply calculated considering the number of views and VOD," he said.

"Until now, companies have been responding individually to copyright infringement, but illegal distribution of videos using torrent downloads as well as Noonoo TV has become serious, so we have decided to join forces."

Thus far, efforts to stop Noonoo TV have yielded limited results.

ISP Blockades Were Quickly Countered

Rightsholders say that NooNoo TV generates significant revenue from gambling advertising. Gambling is prohibited in South Korea under laws that forbid anyone from achieving monetary gains (or losses) from wagers that attempt to predict the outcome of activities based on chance.

A cursory view of the site's homepage reveals the presence of gambling adverts but accessing the site isn't straightforward. Originally operating from Noonoo.tv, the site has deployed dozens of domains to circumvent ISP blocking measures implemented in 2022.

After starting out with noonoo.tv, blocks were countered with noonoo1.tv, noonoo2.tv and noonoo3.tv. After burning through sequential variants, at the time of writing the site's Telegram channel says it can be found at noonoo32.tv but how long that will last is difficult to say.

As most people testing any of these domains will quickly discover, accessing Noonoo TV isn't straightforward. The site geo-blocks visitors from outside South Korea and, in many cases, even a VPN fails to solve the problem.

Where the site is operated from isn't clear either. Until fairly recently it was claimed to operate out of Paraguay but more recently attention has shifted to the Dominican Republic. It's certainly possible – if not likely – that the site operates out of neither.

The coalition, meanwhile, seems particularly keen to find out.

From: TF, for the latest news on copyright battles, piracy and more.

 
 
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