Viral Video - Legal Implications

Legal Implications

Viral videos that do not feature original content often violate copyright laws. Users frequently upload television, movie and music clips onto popular viral websites like YouTube. The use of copyrighted material has caused several problems in the entertainment industry. The most notable incident occurred following the release of "Lazy Sunday", the popular digital short that appeared on NBC's Saturday Night Live. Within hours fans posted the video onto YouTube, where it received a substantial number of hits. NBC then released an order to remove all reproductions of Lazy Sunday from YouTube and other websites, claiming that the postings constituted copyright infringement under the Digital Millennium Copyright Act. In some cases, copyrighted material in viral videos may be used legally, either with a license or under the doctrine of fair use or fair dealing; for example, many videos featuring only brief clips are likely to fall under these legal exceptions.

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