7/31/2019 Copyright Liabilities for Uploading and Streaming Videos

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Copyright Liabilities for Uploading and Streaming Videos J. Devlin Hartline, Sr., J.D.

As per Flava Works, Inc. v. Gunter , No. 11-3190, 2012 WL 3124826 (7th Cir. Aug. 2, 2012). Available

at: http://www.scribd.com/doc/102162833/ 

The opinion is not the model of clarity, and these tables represent my understanding of what the courtidentified as liabilities in general for the given infringing acts. The tables do not indicate what the court

found to be myVidster’s liabilities in particular under the facts of  the case.

The reproduction and distribution rights are grouped together as the court did not differentiate between

the two. Chain of events: (1) uploader places infringing file on file host server, (2) linker places link on

link host server that points to infringing file on file host server, and (3) streamer uses link on link host

server to stream infringing file from file host server.

Act: uploading

infringing file 

party

uploader file host linker link host streamer

right

violated

(liability

type)

reproduction-

distribution

(direct)yes no no no no

public

performance

(direct)n/a n/a n/a n/a n/a

reproduction-

distribution

(indirect)no maybe maybe maybe maybe

public

performance

(indirect)n/a n/a n/a n/a n/a

Act: streaming

infringing file

party

uploader file host linker link host streamer

right

violated

(liability

type)

reproduction-

distribution

(direct)

n/a n/a n/a n/a n/a

public

performance

(direct)yes maybe no no yes

reproduction-

distribution

(indirect)

n/a n/a n/a n/a n/a

public

performance

(indirect)

no maybe maybe maybe no

n/a: the given act does not implicate the given right