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 youâre reading, share with friends, and invite them to subscribe using the button above and share using #CreatorEconomyLaw.
Thatâs 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. Itâs been fun and I look forward to continuing next year!
Want to contribute something in 2023? Please let me know! Iâd 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.
Hereâs whatâs been happening in the world of Creator Economy Law.
My 2023 Predictions + Legal Recaps of 2022
Itâs 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 đ Check out some that I found interestingâŠ
- Sometimes you have to look back in order to look forward. Thatâs just what I did in my new article for Tubefilter: âHereâs how sweeping legal changes will affect content creators in 2023â
- I also wrote up a look back over the developments in copyright and patent law that pertain to artificial intelligence. âAI Year in Review: A Busy 2022 for AI and IP Promises Even More in 2023â by Me! via IPWatchdog
- âThe 5 Worst Copyright Decisions of 2022â by Aaron Moss via Copyright Lately
- âThe Year in Copyright: 2022 Gives Creators Hope for the Futureâ by Devlin Hartline via IPWatchdog
- âTop Creator Economy Moments of 2022â by Mahira Dayal via The Information (Subscription Required)
- âThe Top 10 Patents of 2022: AI Animation from Textual Inputs, Using 5G Networks to Improve Elderly Health, and Ensuring User Privacy in Virtual Environmentsâ 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 Disneyâs 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 doesnât 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. Whatâs next for the app? I think weâll 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.
- âYouTube lands NFL Sunday Ticketâ by Jay Peters via The Verge
- Twitter experienced an outage this week due to âsignificantâ 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 Childrenâs 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 childrenâs 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 âWhat You Need to Know about Small Claims and the Copyright Claims Boardâ on January 12, 2023. According to the event page, attendees will âlearn 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 Statesâ first intellectual property small claims tribunal.â 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 Swiftâs âShake It Offâ. The doc, âTaking on Taylor Swiftâ 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 canât 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. Itâs such a fun adventure and I canât wait for the rest of the films to come out.
This weekâs music video is the lyric video for âNothing Is Lost (You Give Me Strength)â by The Weeknd featured in the end credits and on the Original Motion Picture Soundtrack from âAvatar: The Way of Waterâ.
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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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