Of course, there are exceptions, but for the most part if you’re live streaming for commercial use avoid any third-party trademarks. The basic rule is that unless you own the trademark, it should not be visible in your live stream.
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Because when you hire people you can get them to sign away their rights to sue you.When it comes to trademarks and live streaming for commercial use, you really do need to learn how to stay on the right side of the law. It’s why when extras are needed for crowd scenes or background they hire people. They do that for a number of reasons, one of which is to make sure there are no random people in the background. Not only are there copyright, trademark, and trade secret issues to be aware of, but you’ll need to know about privacy laws, publicity rights, loitering or trespassing, and location releases.If you’ve ever been out and have seen a movie, video, or ad being filmed or shot you likely recall there being an area that was cordoned off. However, with live streaming there is no ability to edit and if you infringe someone’s copyright there can be consequences you didn’t anticipate.Ĭommercial or Private Use – if your live streaming project is for commercial use there are a host of legal concerns. That’s easy to do when you have the ability to edit.
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Ever wonder why on some TV shows the artwork on the walls is pixellated? It’s because it’s a copyrighted work and they didn’t get permission. Incorporating a copyright work into your live stream exposes you to liability you may not have intended. This means, of course, that using copyrighted music in the background would be a violation of the TOS, in addition to any copyright.But there are other copyright issues that many don’t think about, such as the copyright of artwork, performances, written materials, and architectural works. If you, as a user, violate the copyright of someone then it’s on you, not them. This is part of the Safe Haven provisions of the DMCA and is more for their protection than yours.
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Key Legal Concerns With Live streamingĬopyrighted Content – Meerkat and Periscope, as well as Google Hangouts, have Terms of Service that prohibit users from violating the copyright of others.
Add to that the ability to rebroadcast, or upload to a more static video service such as YouTube, and the temporary aspect of live streaming goes away. While the somewhat fleeting nature of live streaming may make you think copyright isn’t much of a concern, there is nothing in the law that say how long a copyrighted work must be used without permission or exception to qualify for infringement. And even for personal use, the legal concerns should be taken into consideration. The key, though, is that for commercial use there are significant legal concerns. There are so many great uses for live streaming. Now that live streaming is available to anyone in the world with a smartphone, the legal concerns are much more relevant to the average person. Still there were legal issues with regard to trademark and copyright, but the learning curve for the legal issues wasn’t as steep since those using the live stream service were often business people who had a basic understanding of these legal issues. When it wasn’t portable, it wasn’t as prolific. That’s no different when it comes to live streaming. Any time you want to “go live” you can.Īs with any new technology or platform, there are bound to be legal concerns. But there wasn’t a viable option for being out in public, your office, at home, or pretty much anywhere you wanted, and share audio and video of what was going on around you.įor those who aren’t exactly sure what live streaming is, it’s basically the ability to broadcast audio and video as it happens. You could record short video and share them, a la Vine and Instagram Video. There was Google Hangouts, which is a live streaming service, but the mobile app didn’t really make it easy for mobile and active use.
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But until Meerkat and Periscope we didn’t have a very portable way to live stream video.
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Live streaming has been around for a number of years.