South Africans continue to be frustrated by the paucity of legitimate and convenient TV and movie download or streaming options. At the moment DSTV and a limited South African iTunes store are the primary options. Unfortunately this doesn't seem to be enough so more and more consumers are looking to popular video rental service, Netflix, for their entertainment needs. The problem is that Netflix content isn't legally available in South Africa and its likely for the same reason that the local iTunes store lacks TV and some movie content: licensing restrictions.
One of the concerns about Woolworths' hummingbird scatter cushions is that the retailer used text from a Wikipedia article about hummingbirds as a background to the hummingbird image which attracted most of the attention in the controversy which raged over the weekend.
The allegation that Euodia Roets is a hypocrite for misappropriating RW Scott's photograph as the basis for the sketch she contends Woolworths, in turn, misappropriated ignores a few important issues. First, was Ms Roets' sketch actually an infringement of RW Scott's photograph? Secondly, Woolworths' failure to comply with the Creative Commons license Wikipedia applies to its content could have profound implications for Woolworths. Lastly, this debate highlights a remarkable degree of ignorance of the law in the digital marketing and creative industries.
I thought I'd explore some of the legal themes that have emerged from this #HummingbirdGate story even though the story has since developed further and doesn't seem to be quite what everyone assumed it was in the first place. Two major legal themes are copyright infringement and unlawful competition.
One day, not too long ago, a young artist named Euodia was invited to contribute some of her work to a product range a local merchant called Woolworth was putting together. The two met frequently and Euodia was pretty excited about the prospect of her work being added to Woolworth’s inventory, he was well regarded in the area and all the local farmers saved for months to buy his goods.
News channel ANN7 has been the object of both considerable ridicule and controversy lately. On the one hand, the 24 hour news channel launched by the similarly controversial Gupta family has been criticised for poor production values and content and, on the other hand, an Indian company known as Aiplex Software has been filing take down notices with YouTube in an effort to remove a growing number of satirical videos targeting the fledgling station.
This talk by Andy Baio presents a realistic and sobering perspective on modern copyright disputes. As he points out, being on the right side of the law may not be enough when you are faced with high legal fees and better funded opponents. http://vimeo.com/62839607
The Law Society of the Northern Provinces has issued a ruling on attorneys’ acceptable (and unacceptable) uses of keywords in their SEO or other Internet marketing campaigns.
TechDirt has published its second "The Sky is Rising" report revealing some pretty good industry growth metrics despite the doom and gloom mantras chanted by industry representatives: For years now, the legacy entertainment industry has been predicting its own demise, claiming that the rise of technology, by enabling easy duplication and sharing -- and thus... Continue Reading →