NBC, Fox Sue Redlasso Video Clipping Service
Hulu partners NBC and Fox have sued Redlasso, an online video clipping service that is popular with bloggers. The networks allege that Redlasso violates their copyright and trademark rights by allowing Web publishers to embed clips of programs like Greta Van Susteren's "On the Record," and the "Tonight Show with Jay Leno."
"Without any authorization, permission, consent or license from the networks, Redlasso publicly performs, publicly displays and distributes its unauthorized copies of the networks' programming and content," NBC Universal, Fox News Network and Fox Television Stations allege in the lawsuit, filed this week in federal district court in New York.
The networks are seeking an injunction against Redlasso and monetary damages. Redlasso, a startup based in King of Prussia, Pa., declined to comment on the case.
The lawsuit comes two months after CBS, NBC and Fox sent Redlasso a letter demanding that it stop making clips of their shows available.
When the networks sent the cease-and-desist letter, Redlasso responded that it was providing a "valuable service" to bloggers and content owners. The company also said it was in talks with content owners.
In the lawsuit, Redlasso is likely to defend itself by saying that it doesn't violate copyright because it's only enabling the fair use of TV clips.
But that argument appears weak, according to Eric Goldman, director of the High Tech Law Institute at Santa Clara University. Although individual publishers who post short clips on their own sites as part of a commentary might have a fair use defense to copyright infringement claims, the companies that empower the embedding cannot typically claim fair use, according to Goldman.
"Redlasso can say it's enabling third-party users to engage in fair use, but the problem with that argument is that fair use doesn't transfer well," Goldman said. "Fair use doesn't provide coverage for the intermediary."
After Redlasso received the cease-and-desist letter, the company brought on CBS vet Michael Jordan to help forge deals with the TV networks. NBC and Fox jointly operate Web video site Hulu.com, which also allows the embedding of clips. Given their investment in Hulu.com, it's not clear whether they will want to reach an agreement with Redlasso.
CBS did not join in the lawsuit, and a company spokesperson declined to comment about whether CBS intended to either take further action against Redlasso or agree to a deal with the company.
So far, Redlasso has only announced one licensing agreement, which was with the Greater Media-owned radio station WMMR, based in Philadelphia.
Goldman said that in a somewhat similar situation, the company MP3.com was found liable for copyright infringement in 2000 for allowing users to stream their own CDs from any computer. MP3.com allowed users to upload CDs they had legally purchased to a central database; users could then stream those tracks from any computer. MP3.com argued that it was protected by the fair use doctrine, on the theory that purchasers of CDs are allowed to copy music they own for personal use. But a federal judge in New York ruled that MP3.com is not allowed to copy CDs it doesn't own, even if it's only doing this to facilitate consumers' fair use of the tracks. MP3.com ultimately paid record labels and publishers more than $150 million.
Recent Online Media Daily Articles
-
Coca-Cola Loses Bid To Dismiss Text-Spam Case May 24, 5:41 p.m.
Consumers can proceed with a lawsuit against Coca-Cola for allegedly sending them unwanted SMS messages, a ... -
Disaster Ready: Google Maps Model Quickly Adjusts To Events May 24, 5:29 p.m.
The four-lane bridge in Washington state that partially collapsed Thursday into the Skagit River was removed ... -
Pandora Beats Rev Estimates, Adds Subscribers May 24, 5:01 p.m.
Online radio service Pandora on Thursday reported that revenue rose 55% in the first quarter to $126 ... -
Real-Time Web Turns Consumers Into Impulse Buyers May 24, 4:37 p.m.
Video, mobile, social, and better search capabilities continue to make it easy for consumers to buy ... -
Mugnier Shares M&C Saatchi's Mobile Approach May 24, 4:32 p.m.
M&C Saatchi Mobile was formed three years ago through the acquisition of mobile marketing agency Inside ... -
Yahoo Search Experiments With New Look May 23, 6:30 p.m.
Yahoo Search has been experimenting with colors, features and layouts, as the company tries to determine ... -
Path Seeks Dismissal Of Wireless-Spam Case May 23, 5:07 p.m.
Mobile social network Path is asking a federal judge to dismiss a lawsuit alleging that the ... -
Amazon Appstore Goes Global May 23, 4:59 p.m.
Amazon may have been late to the app store game, but that hasn’t stopped it from ... -
Data Is Springboard For Product Development May 23, 4:44 p.m.
iProspect named Ben Wood to global president Thursday; he's tasked with growing the company's network and ... -
Vice, Twitter Partner For Mobile Show May 23, 2:14 p.m.
Simultaneously expanding its video and social strategy, Vice on Thursday unveiled #dailyvice -- a daily show ...
Be the first to comment on "NBC, Fox Sue Redlasso Video Clipping Service"
Leave a Comment