This is Creator Economy Law, a newsletter dedicated to exploring and analyzing the legal issues surrounding the creator economy, creators, and internet platforms. If you enjoy what you’re reading, share with friends, and invite them to subscribe using the button above and share using #CreatorEconomyLaw.
That’s a wrap on 2022! Thanks so much to everyone for subscribing, reading, sharing, and commenting on the first dozen issues of this newsletter. I appreciate the numerous people that have reached out to me directly, too. It’s been fun and I look forward to continuing next year!
Want to contribute something in 2023? Please let me know! I’d love to feature your thoughts on a relevant topic, drop a checklist or practical guide, or simply share about your work in the creator economy space.
Here’s what’s been happening in the world of Creator Economy Law.
My 2023 Predictions + Legal Recaps of 2022
It’s that time of year where everyone is publishing articles looking back at developments and happenings over the last year. I can count myself among them 😂 Check out some that I found interesting…
- Sometimes you have to look back in order to look forward. That’s just what I did in my new article for Tubefilter: “Here’s how sweeping legal changes will affect content creators in 2023“
- I also wrote up a look back over the developments in copyright and patent law that pertain to artificial intelligence. “AI Year in Review: A Busy 2022 for AI and IP Promises Even More in 2023” by Me! via IPWatchdog
- “The 5 Worst Copyright Decisions of 2022” by Aaron Moss via Copyright Lately
- “The Year in Copyright: 2022 Gives Creators Hope for the Future” by Devlin Hartline via IPWatchdog
- “Top Creator Economy Moments of 2022” by Mahira Dayal via The Information (Subscription Required)
- “The Top 10 Patents of 2022: AI Animation from Textual Inputs, Using 5G Networks to Improve Elderly Health, and Ensuring User Privacy in Virtual Environments” by Steve Brachmann via IPWatchdog
New Trade Secret Bill Passes
A new trade secret bill passed in the U.S. as part of larger $1.7 trillion spending package. The bill imposes sanctions on certain foreign individuals and entities involved in the theft of trade secrets belonging to a U.S. individual or entity. It also requires a periodic report from the President that lists foreign individuals and entities (and their CEOs and board members) that pose a threat to national security, foreign policy, or economic health along with property- and export-blocking sanctions. Read now.
- The New York Times has jumped the gun on works entering the public domain in 2024, highlighting the potential issues surrounding Disney’s iconic Steamboat Willie short film featuring the debut of Mickey Mouse. The short film is set to enter the public domain in 2024, but just because the film itself is no longer subject to copyright protections doesn’t mean Disney is left without ownership over their most valuable IP.
- TikTok bans are happening all over the place: all U.S government devices, U.S. House mobile devices, and Virginia and other state government devices. What’s next for the app? I think we’ll find out in 2023.
- How much is 1 billion streams worth? Billboard estimates between $2.1 million and $2.6 million for a U.S. major label track depending upon whether it is the official music video or part of UGC.
- “YouTube lands NFL Sunday Ticket” by Jay Peters via The Verge
- Twitter experienced an outage this week due to “significant” backend architecture changes. TechCrunch has more.
- The Federal Trade Commission has secured agreements requiring Epic Games, Inc., creator of the popular video game Fortnite, to pay a total of $520 million in relief over allegations the company violated the Children’s Online Privacy Protection Act (COPPA) and deployed design tricks, known as dark patterns, to dupe millions of players into making unintentional purchases. Epic will pay a $275 million penalty for violating children’s privacy law, change default privacy settings, and pay $245 million in refunds for tricking users into making unwanted charges. The FTC has set up a dedicate website for refunds: https://www.ftc.gov/fortnite . The two cases are: In the Matter of Epic Games and U.S. v. Epic Games.
- The U.S. Copyright Office is hosting a 50-minute virtual session called “What You Need to Know about Small Claims and the Copyright Claims Board” on January 12, 2023. According to the event page, attendees will “learn the basics about what anyone should know before filing or participating in a CCB proceeding. Attendees will learn about the types of claims the CCB can hear, legal resources to be aware of, and why respondents might want to consider participating in the United States’ first intellectual property small claims tribunal.” Two confirmed speakers include CCB Attorney-Advisors Maya Burchette and Dan Booth. Register here.
- CNN FlashDocs released an interesting documentary exploring copyright and music, specifically the issues surrounding the copyright infringement case over Taylor Swift’s “Shake It Off”. The doc, “Taking on Taylor Swift” is available via the CNN mobile app. If you are on an iOS device, you can search the Apple TV app and open it directly in CNN that way. I can’t find a link for web, but let me know if you can find it!
No spoilers! Promise. I had the pleasure of catching an IMAX 3D showing of Avatar: The Way of Water. I recommend going to a theater and seeing this film in 3D! I remember seeing the original Avatar in theaters in 3D, and this experience somehow equally matches (if not exceeds) my memories of excitement over the technology. It’s such a fun adventure and I can’t wait for the rest of the films to come out.
This week’s music video is the lyric video for “Nothing Is Lost (You Give Me Strength)” by The Weeknd featured in the end credits and on the Original Motion Picture Soundtrack from “Avatar: The Way of Water”.
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No Legal Advice. This newsletter is published solely for educational and entertainment value. Nothing in this newsletter should be considered legal advice. If you need legal assistance or have specific questions, you should consult a licensed attorney in your jurisdiction. I am not your attorney. Do not share any information in the comments you should keep confidential.
Personal Opinions. The opinions and thoughts shared in this newsletter are my own, and not those of my employer or any of the third parties mentioned or linked to in this newsletter. No affiliation or endorsement is implied or otherwise intended with third parties that are referenced or linked.
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