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Society & Culture
Virtual Legality Episode 155

YouTube’s “MxR Plays”: Fair Use, Extortion, and the Muddy Middle of Copyright

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1y Jan 10, 2020
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FOR EVEN MORE ON THIS CHECK OUT:
"MxR Plays/Jukin Media: Q+A - Fair Use? Extortion? Injustice? (VL Extra)"
https://youtu.be/GJo8cwKoJXA

When YouTuber "MxR Plays" was served with a $6,000 "Notice of Settlement Fees" from viral video licensor Jukin Media, they (and others) immediately called the notice "extortion".

What are MxR accused of? Why did Jukin pick them to send their letter to? How did Jukin arrive at that $6,000 ($1,500 per clip) amount?

How does the law of Copyright describe infringement? How does the concept of Fair Use serve as a defense? How does the court determine when either will apply?

And how and when can the threat of a lawsuit be deemed extortionate?

We've got a lot to cover.

We're always balancing factors...in Virtual Legality.

#MxRPlays #JukinMedia #FairUse


Discussed in this episode:

"We're being extorted for all our money and we don't know what to do anymore"
YouTube Video - January 9, 2020 - MxR Plays
https://www.youtube.com/watch?v=bwMPSdTOfQA

"Here are the charges Jukin media gave me."
Tweet - January 9, 2020 - @mmoxreview
https://twitter.com/mmoxreview/status/1215493310711644160

"Copyright strike basics"
YouTube Help
https://support.google.com/youtube/answer/2814000

"An attractive woman was arrested. This was her ridiculous response."
YouTube Video - December 9, 2020 - MxR Plays
https://www.youtube.com/watch?v=JLmrMboZSR4

"Volcano Eruption in Papua New Guinea"
Jukin Media Group
https://www.jukinmedia.com/licensing/view/12475

"Exclusive rights in copyrighted works"
17 USC Section 106
https://www.law.cornell.edu/uscode/text/17/106

"Limitations on exclusive rights: Fair use"
17 USC Section 107
https://www.law.cornell.edu/uscode/text/17/107

"More Information on Fair Use"
US Copyright Office Website
https://www.copyright.gov/fair-use/more-info.html

"Interference with commerce by threats or violence"
18 USC Section 1951
https://www.law.cornell.edu/uscode/text/18/1951

"Michael Avenatti and Nike: When does a lawful threat cross into extortion?"
NBC News - March 26, 2019 - Danny Cevallos
https://www.nbcnews.com/news/us-news/michael-avenatti-nike-when-does-lawful-threat-cross-extortion-n987256

"Ninth Circuit Says Fair Use Must be Considered Before Sending a DMCA Takedown Notice"
Jones Day Insights - September 2015
https://www.jonesday.com/en/insights/2015/09/ninth-circuit-says-fair-use-must-be-considered-before-sending-a-dmca-takedown-notice


PODCAST VERSIONS AVAILABLE AT

Spotify:
(https://open.spotify.com/show/3qsDhQ7h6BR2wLyNQYDWB4)

iTunes:
(https://itunes.apple.com/us/podcast/virtual-legality/id1448785539?mt=2)

SoundCloud:
(https://soundcloud.com/user-510342404)

Google Play Music:
(https://play.google.com/music/listen#/ps/In3d7qersx72lvzehxo7gu6cd5u)


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!


Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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