At 12/31/20 01:52 PM, Prinzy2 wrote:
I wonder how this would directly effect the forums, since it includes images. Say starting a thread about Doctor Strange 2, and using the movie poster as part of the conversation starter.
I'm assuming embedding the trailer from the official movie channel would be okay, but I also wonder about linking to a portion of a movie from a user who doesn't happen to have permission. Would the liability end at the offending Youtube user or would they extend to NG and the user who linked to the clip?
I wouldn't worry too much about things like movie posters; the real trouble will likely come from small places.
For example a law firm aggressively tried to shake us down this past year over a stock photo of hot wings someone posted in the forums. We were in the right (DMCA protection) but still had to engage lawyers, which generally costs at least a thousand bucks in the best case.
The Case Act actually did pass - very quietly - on Sunday, December 27th while everyone was enjoying the holidays.
It's hard to say yet how it will play out. The Case Act allows copyright holders to bring their cases to a copyright claims board that will pass down a judgment, rather than going through the traditional court system. There are lots of cases where that can be a useful tool for artists and photographers. For example when someone steals an artists art and sells it on one of those on-demand print shops, the Case Act gives the artist an option for seeking payment without having to pay for a costly legal battle.
If someone is making memes but not profiting off the work, they may never be in any danger - the claim board may just demand a takedown vs monetary compensation.
I should note something I've warned people about before - there's been a joke trend of tossing stock photography (watermarks and all) in videos. I think people who have been doing this, especially if they've had popular YouTube videos that run ads, are at risk because the individual photography owners could take them through the claims process without having to engage lawyers.