VEVO, the YouTube-powered “Hulu for music videos” which to date was a joint venture between Universal Music Group and Sony Music Entertainment, is gaining a new founding shareholder.
VEVO has just announced a ’strategic’ investment was made by Abu Dhabi Media Company (ADMC), a giant of a media company with headquarters in Abu Dhabi, capital of the United Arab Emirates, reports MediaMemo. The specifics of the deal remain under cover, but the rumor mill suggests the company is being valued at around $300 million.
Universal Music Group has a long history of bringing lawsuits upon music and video sharing services (MySpace, Veoh and its investors, Grouper / Bolt.com, etc.), so it’s kind of surprising to see them link to a clip of one of their biggest artists, rapper and producer Eminem, which has not been authorized by its copyright holders (i.e. Universal Music themselves).
The link can be found on this January 7 news item on the UMG website about the ‘leaking’ of Eminem’s newest track, and leads to this YouTube clip posted by a regular YouTube user. In case you were wondering, Universal Music Group has an official channel on the video sharing site which does not feature a clip for this particular track yet.
Update: the news item has been updated as a result of this coverage. Good thing we have a screenshot.
Things are not going well for Universal Music Group’s in its lawsuit against video-sharing site Veoh. First, the Los Angeles judge, A. Howard Matz, ruled last month that the safe harbor provisions of the Digital Millennium Copyright Act do apply to the case, contrary to UMG’s request for summary judgment.
On Monday, Veoh scored another point in the preliminary legal sparring that always precedes the main event. The same judge threw out the part of the complaint that named Veoh’s investors as defendants in the suit. UMG had tried to argue that Shelter Capital, Spark Capital, and Michael Eisner’s Tornante Company were guilty of “vicarious copyright infringement” and “inducement of copyright infringement” (yes, those are actual crimes) because they effectively control the company and sit on its board.
For those Web companies that comply by it, the Digital Millennium Copyright Act is turning out to be their best friend. Last week, Universal Music Group (UMG) was denied a summary judgment by a Los Angeles court in its copyright infringement case against Veoh. (Court order embedded below). UMG wanted a summary judgment against Veoh, arguing that it could not hide behind the safe harbor provisions of the DMCA, which state that Web services are not liable for the copyright infringement of its users if it takes certain steps to prevent it.
This is the second time a summary judgment has been denied to a company trying to sue Veoh for copyright infringement. (The last time it was a porn company). These orders are setting important legal precedents not just for Veoh, but for YouTube and others also facing DMCA lawsuits.
After its CEO said in September that YouTube and MySpace owe Universal Music Group “tens of millions of dollars,” the media giant has followed through with its threat and filed suit against MySpace for copyright infringement, according to the Wall St. Journal (subscription required). The most interesting part of the suit is that Universal is alleging that MySpace participated in the copyright violations by transcoding copyrighted video so that it can be replayed and sent to other users.
The Journal notes that today is also the day that MySpace is introducing a new tool that will allow copyright holders to flag unauthorized content on the site. That tool (our coverage) uses technology from Gracenote. MySpace said in a press release that the suit is “unnecessary and meritless.” That transcoding argument sounds like a serious one to me.
Weeks after threatening YouTube and MySpace both this fall, Universal signed a licensing agreement with YouTube the day before the Google acquisition was announced. It also sued Sony’s Grouper and Bolt for copyright infringement.
Is a fresh round of heavyweight copyright wars breaking out? Is there any possibility of an out of court settlement between the two companies? This week’s Craigslist court decision immediately comes to mind. The online directory was ruled on Wednesday to not be responsible for discriminatory housing postings on its site. The court found that Craigslist is a conduit and not a publisher. That ruling was complicated and fell under the Federal Communications Deceny Act. Universal’s lawsuits, against Grouper, Bolt and now MySpace appear headed for a direct test of the DMCA Safe Harbor provision, which is believed to protect parties to copyright infringement so long as they remove copyrighted content upon request. The argument about transcoding video may be the killer in this case.
