Understanding Streaming and Copyright: A Comparison of the United States and EuropeanRegimes

Abstract:

What are the legal risks when entrepreneurs or business units start their online streaming businesses in the United States and in the European Union regimes? We posit here that legal risks are both substantive and procedural. Both risks come from the recent decisions of the United States district courts, Supreme Court, or from the European Court of Justice (“ECJ”). By comparing the U.S. and the European legal regimes, we can find the similarities between the two —briefly and broadly stated, they protect copyright holders. Because of the broad protection, the substantive risks are shifted to online streaming businesses. Procedurally, the online streaming businesses have to understand the differences between the two regimes. They have to provide enough factual evidence in the pleading stage of the U.S. and to be concerned about legislative adoption in member states of the E.U. These risks can be lowered by the development of a business model where all stakeholders benefit. Also, providing adequate terms of use in the platform is critical to escape liability when infringement occurs. Finally, when confronting lawsuits, managers and legal counsels should hire and cooperate with local lawyers so that they can lower the risk of high damage costs.

Link: https://digitalcommons.law.umaryland.edu/jbtl/vol13/iss2/3