The US website YouTube, well-known for its UGC “video posting” facility, has been granted summary judgment that it qualifies for the “Safe Harbor” protection under US law. In Viacom and the Football Association Premier League (and others) v YouTube Inc and Google Inc [2010] 07 Civ 2103 and 3582 (reported 23 June 2010), a US District Court in New York held that YouTube is entitled to the “Safe Harbor” protection of the US’ Digital Millenium Copyright Act and is therefore not vulnerable to claims of copyright infringement from several film and TV companies and the UK’s Premier League – including claims for “inducement”.

The film and TV companies and the Football Association had sued YouTube in 2007 for copyright infringement of those rightsholders’ content. Whilst it was not denied that YouTube offered infringing content on its site, YouTube relied on the Safe Harbor defence available to a service provider that has no “actual knowledge” of infringements on its system or network – provided that it also responds to “Take Down Notices” and receives no direct “financial benefit” from the infringing activities within its control. The rightsholders claimed that YouTube was not entitled to protection because it had “actual knowledge” and was “aware of the facts and circumstances from which infringing activity was apparent but failed to act” and, most interestingly, YouTube was “not only generally aware of, but welcomed, copyright-infringing material being placed on their website”.

The court found that YouTube had followed the Take Down Notice regime (the rightsholders admitted that all the videos cited in court had been removed) and noted that “mere knowledge of prevalence of such activity in general is not enough” to penetrate the defence. The court held that “knowledge of a generalised practice of infringement” or a tendency for “users to post infringing materials” does not impose a duty on a service provider to then “discover which of their users’ postings infringe a copyright”.

In contrast with last month’s judgment in which LimeWire was found liable for “inducement” of copyright infringement, this Court found that the infringing works on YouTube “may be a small fraction of the millions of works posted” (whilst the LimeWire court seemed to believe that a large majority of works available on that service were unlicensed). This court seemed to praise YouTube for swift take downs, noting that the site had “removed virtually all” of the 100,000 videos cited in a single Viacom Take Down Notice “by the next business day”.

The court cited three possible worries for YouTube: its “three-strikes repeat-infringer policy”, its use of the AudibleMagic “fingerprinting tool” for automatic removal of infringing content, and its policy of removing only specific clips identified in a Take Down Notice rather than other clips infringing the same works); but found that these “minor arguments do not singly or cumulatively affect YouTube’s safe harbour coverage”. Unfortunately the court did not say whether this was a close call or whether any other factors made these three activities in this case fall on the safe side and we are therefore none the wiser as to which specific activities a site can carry on without fear of giving itself “actual knowledge” and thereby losing its Safe Harbor protection.

Interestingly, this court repeated a statement that “the difference between YouTube’s behaviour and Grokster’s is staggering” and “it is not remotely the case that YouTube exists solely to provide facilities for infringement”, whilst the judge in LimeWire (also from the New York Southern District) also stated in an aside that “Google’s activities do not meet the ‘inducement’ test explained in Grokster because Google has not promoted the use of its search engine specifically to infringe copyrights” - suggesting that there may be considerable sympathy for YouTube amongst US judges.

This case, in the wake of Newzbin (see here) and LimeWire (see here) and the Digital Economy Act, is a blow for the beleaguered content industries – and may also serve to undermine the recent Take Down Notice offensive against YouTube mounted by the BPI and the IFPI – but an appeal is likely and some wider “policy issues” may figure more prominently in a higher court. Nevertheless, though this case forms no precedent in the UK, it seems unlikely that this victory by the world’s biggest content-hosting (and surely the world’s biggest content-infringing) website could be without international effect.

The full text of the judgment may be accessed via: www.google.com/press/pdf/msj_decision.pdf.

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About Clintons:

Based in Covent Garden in Central London, Clintons is one of the foremost law practices in entertainment, sport and media, with an extensive general practice. We have acknowledged strength in commercial work, contentious and non-contentious, and in family and property. Clintons offers high quality, practical legal advice to clients ranging from large, commercial organisations to private individuals, many of whom are in the public eye.

We were in Naples early in the week, working on a few new tracks for the upcoming PLANET FUNK album to be released in late 2010. Hanging out with Sergio, Marco and the rest of the boys is always a treat, and hearing their musical genius live is truly an honor. Check out their classic hit “Who Says” (You all know this tune. Dedicated to all of you who are stuck in the UK!!). Stay tuned for loads of more news from them…

Meanwhile, YOAVs tune “Greed” is on a wicked music mix that Starbucks is giving away free at http://frappuccino.com/itunes. Other artists on the mix include Goldfrapp, Hot Chip, Wintersleep and more. Download away… On Thursday YOAVs video for “Yellow Brite Smile” featured on the Yahoo Entertainment & Music Homepages. Its a hit!

EMILIA DE PORET had a very eventful week - with the re-launch of her new website (check it out!) and the release of the new video for Pick Me Up “Richard Vission” in the US (still climbing the billboard charts at #24!). To top it off, we heard today that her hit in Japan, “I love your smile” with DJDogboy has made it to #13 in the all important ringtone charts! We are loving Emilia’s fans over there.

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Due to popular demand of our compilations, we’ve uploaded some of our favorites onto Spotify. Click the links below to access the music. Enjoy!

• Flypaper Crooners
• Flypaper Funky Lounge
• Flypaper Chillout
• Flypaper Chillout Beats
• Flypaper Beach Beats
• Flypaper Dance
• Flypaper Tunes to Survive the Day
• Flypaper Hip Hop Greats

And of course, check out some of the wonderful artists we work with!

(though not all their music repertoires are on Spotify yet, sadly).

• PLANET FUNK
• YOAV
• EMILIA DE PORET

……loads more too. Subscribe today!

While the internet is ablaze with Justin Bieber comparisons, we think he is eternally more talented and original - with a twist of jazzy John Mayerlike vocals and complex guitar crooning in the fold.

Lets just hope the industry doesnt tweak him into following the plastic footsteps of Justin Bieber…

Greyson on Ellen

Billboard Hot Dance Club Play Chart 5/22/2010

*1 *2 Pyramid Charice Featuring Iyaz 143 / Reprise
*2 *4 Imma Be The Black Eyed Peas Interscope
*3 *3 Dust In Gravity Delerium Featuring Kreesha Turner Nettwerk
*4 *9 Freeze Bimbo Jones Silver Label / Tommy Boy
5 *G1 Rude Boy Rihanna SRP/Def Jam / IDJMG
*6 *11 Something Like A Party School Gyrls Ncredible/Island / IDJMG
*7 *16 Beauty In The World Macy Gray Concord / CMG
8 7 Rocket Goldfrapp Mute
*9 *18 Gettin’ Over You David Guetta & Chris Willis Featuring Fergie & LMFAO Gum/Astralwerks / Capitol
*10 *12 Take Control Julissa Veloz Carrillo
11 8 Video Phone Beyonce Featuring Lady Gaga Music World / Columbia
*12 *17 Waves Of Change Samantha James OM
*13 *19 Rise! Vernessa Mitchell Continuous Cool
14 10 Break Your Heart Taio Cruz Featuring Ludacris Mercury / IDJMG
15 6 I Am Mary J. Blige Matriarch/Geffen / Interscope
16 13 Sweet Disposition The Temper Trap Liberation/Glassnote / Columbia
*17 *20 Nasty Boy Jipsta Provocative
*18 *P24 Pretty Mess Erika Jayne RM
19 5 Drummer Boy Debi Nova Surco / Decca
*20 *22 Right Here Right Now BWO Bonnier Amigo / Universal Republic
*21 *21 On Time Disco Biscuits Featuring TuPhace Diamond Riggs / SCI Fidelity
*22 *27 Rock That Body The Black Eyed Peas Interscope
*X23 *O37 (Power Pick/Greatest Gainer) Not Myself Tonight Christina Aguilera RCA / RMG
*24 *31 OMG Usher Featuring will.i.am LaFace / JLG
25 14 Can U Hear Me Altar Featuring Amannda MamaHouse
*26 *30 Ooh Ooh Ooh Jason Antone Chickie
*27 *33 Pick Me Up Emilia De Poret Solmatic
*28 *32 Shine Black Gold Red Bull
*29 *35 If You Wanna Fly Veronica MVA
*30 *36 Keep Faith Dresden & Johnston vs. John Debo Featuring Mezo Riccio Problem Child
*31 *N40 Happiness Alexis Jordan StarRoc/Roc Nation / Columbia
32 23 Lala Song Bob Sinclar Featuring Wonder Mike and Master Gee Maxa
*33 *38 In My Head Jason Derulo Beluga Heights / Warner Bros.
*34 *39 Freak Estelle Featuring Kardinal Offishall Home School / Atlantic
35 15 Heartbreak On Vinyl Blake Lewis Tommy Boy
*36 *N43 Emorio Sergio Mendes Concord
*37 *44 Will U B Mine? Beatnik Castle Featuring Francillia Mad Monk
38 25 Better Than Her Matisse Jive / JLG
*O39 (New) (Hot Shot Debut) Dirty Talk Wynter Gordon Big Beat / Atlantic
*N40 (New) (Debut) Shark In The Water V.V. Brown Capitol
41 *N50 Memories David Guetta Featuring Kid Cudi
Gum/Astralwerks / Capitol
42 26 Halfway Gone Lifehouse Geffen / Interscope
43 34 I Wanna Feel The Music Chris The Greek Panaghi Featuring Laylah DJG
44 *N49 If This Is Love Leah Driscoll Sean Robert
45 47 Blah Blah Blah Ke$ha Featuring 3OH!3 Kemosabe/RCA / RMG
46 46 Was It Ever Love Richard Scotti Featuring Miguelito LaMorte J. Jorn
*N47 (New) (Debut) Deep N Luv Sariah Sariah
48 45 Naturally Selena Gomez & The Scene Hollywood
*N49 (New) (Debut) Gilligan Kim Esty Squeezetoy
50 29 Energetic BoA SM

World-wide digital and physical release info to be announced soon. Album debuted at #3 on the Danish charts, #5 on the iTunes Canada charts, and #1 on the iTunes Alternative charts.
What’s your favorite song so far?

Click here to open up Yoav’s iTunes page

Yellowbrite Smile VIDEO from Yoav’s “A Foolproof Escape Plan”

We All Are Dancing (Copenhagen) VIDEO from Yoav’s “A Foolproof Escape Plan”

MOST IMPORTANTLY HOWEVER, within only hours of his Good Morning Denmark show, Yoav’s hit single “We All Are Dancing” entered in at N. 7 on iTunes singles chart (and climbing), his single “Club Life” from the first album re-rentered at N.16 (and climbing) and his first album “Charmed and Strange” re-entered at N.3 on the iTunes Album charts!

We couldnt be more proud and more ecstatic for this great talent to be garnering such success internationally!

Next Steps… YOAV plays at the Caprice Festival ( Crans-Montana, Wallis, Switzerland 7-10 April with Gotan Project and Morcheeba), and a Sold Out 8 day Canadian Tour! For more information on YOAV, his music, Tours and contact details, visit www.yoavmusic.com

DONT FORGET TO DOWNLOAD HIS NEW ALBUM “A FOOLPROOF ESCAPE PLAN” TODAY!

Download Emilia De Poret’s “Pick Me Up” Stonebridge and Richard Vission Remix on BeatPort

Also, Emilia’s “This Aint a Love Song” (feat Verbal) video came through from Japan, and it looks HOT! We are very much looking forward to showcasing it for the world.  Stay tuned.

Emilia has been traveling extensively lately, and has recently returned from a trip to NYC. Amidst meetings and sessions with industry leading vocal coaches, she celebrated the fact that KiisFM in LA is playing Pick Me Up!

Enjoy a backstage teaser (below) of Emilia’s upcoming single “Weightless“, with an Unplugged rendition before her a big gig. Planet Funk’s reproduction, to be released very soon, is wicked and has so far garnered grand support in the UK and elsewhere.

Follow Emilia on twitter @emiliadeporet and keep up with Emilia’s fabulous life on YouTube

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We are big fans of YOAV too!

Yoav as released his latest music video for “Yellowbrite Smile” from his upcoming “A Foolproof Escape Plan”. Check it out (and a lot more!) on www.yoavmusic.com . While you are at it, check out his latest tour dates coming up! Check out a teaser of his upcoming Album….

Check out more videos on his YouTube Channel… or follow him on twitter @yoavmusic

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Emilia is a renowned fashionista, aknowledged by Elle Magazine, Liberty of London, Max Factor, Lanvin, Monocle and more.

In Sweden (and abroad) Emilia is an extremely well known figure, envied not only for her music but also for her incredible wardrobe, unique fashion sense, and international friends. On January 29th Emilia accepted Elle Magazine’s award for best-dressed fashion icon.

Emilia’s latest album recently reached top 10 in Spain and Sweden with her hit song “Pick me Up”. Stay tuned for her third album, with collaborations including Planet Funk and others!

www.emiliadeporet.com
Latest video, “Now or Never”

Emilia is loved by the media, receiving high-profile press coverage in Spain and abroad, with features in Elle, El Mundo, Yo Donna, Glamour, InStyle and much more. Her unique and edgy fashion style has been admired by both her fans and the industry, prompting collaborations with fashion houses, magazines and international brands.

MarieClaire recently invited Emilia to an exclusive event alongside Mario Testino, Helena Christenses and Lanvin. Monocle Magazine has covered her on their Summer Series podcast, as well as their Winter Series. Monocle has also chosen her as their culture icon for an upcoming Blackberry 2010 piece.

Emilia was approached by Liberty of London and has produced a design for their “Rock Star” themed fabrics, launching in March 2010.

We are looking forward to a very fashionable and musically enriching 2010!

Contact us for more information: management@flypaper.tv