3 Count: Break Dancing

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1: Viral Videos: Money to Be Made, But First a Trip to the Courthouse

First off today, Eriq Gardner at The Hollywood Reporter Esquire reports that Jukin, a company that specializes in securing rights to viral videos for distribution to offline media partners, is suing Defy Media, one of its competitors, alleging that they are engaging in copyright infringement of content that they have secured the rights to.

According to the lawsuit, Jukin works by scouring the Web for trending videos and working out deals with creators. However, they claim that, shortly after videos are posted on their channels, they are then posted on Defy Media’s Break.com property, allegedly through the use of fake accounts.

The lawsuit itself lists some 300 videos it claims are being infringed “presently”. According to Jukin, where they work with content creators and go to great lengths to clear videos, Defy Media simply has a clause in their terms of service that allows them to sublicense the content, which they do, even on the videos that, they allege, are uploaded by fake accounts.

2: MegaUpload Execs Fight to get Their Assets Back from the US Government

Next up today, Chris Cooke at Complete Music Update reports that attorneys for Megaupload have filed an appeal in the Fourth Circuit seeking the return of more than $67 million in assets that the American government seized from the company and its proprietor, Kim Dotcom, when it shuttered the site in January 2012.

Megaupload was shuttered in January 2012 over allegations of copyright infringement and money laundering. It’s owner, Kim Dotcom, was arrested in his native New Zealand and is currently battling extradition to the United States. In the meantime, the courts in the U.S. have seized his assets, alleging that they were earned through a criminal enterprise, and has declined to give Dotcom the ability to contest the seizure because he is considered “fugitive” under U.S. law for not subjecting himself to the jurisdiction of its courts.

Dotcom is now appealing that decision, saying that he is not a fugitive, that he is just lawfully contesting his extradition and that the seizure is designed to hinder his ability to fight his criminal case. It is unclear when the court will hear the case.

3: Sony Blocks Beatles ‘Lost’ Concert Film in U.K. Copyright Case

Finally today, Patrick Goer at Bloomberg Business reports that a U.K. Court has ruled in favor of Sony and is ordering a film company to stop screening a film entitled The Beatles: The Lost Concert, which features footage from a 1964 performance by the group.

The concert was routinely shown as part of a 90-minute film also featuring performances by The Beach Boys and Lesley Gore. In it at least eight Beatles songs were reproduced in their entirety including From Me to You and I Want to Hold Your Hand, all of which Sony owns the worldwide rights to.

The court ruled that the use of the songs went beyond what would like permitted and that the use of the songs in the film damaged the market and value for those songs.


That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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