JUNE 2015 ENTERTAINMENT, MEDIA & SPORTS >> ALERT LIVE VIDEO-STREAMING APPS POSE CHALLENGES FOR SPORTS AND ENTERTAINMENT INDUSTRIES The transmission of live events through video-streaming apps and Meerkat is raising concerns among rights holders. Advances in both legal and technological tools will be needed to effectively combat unauthorized transmissions.

CHALLENGE Although people have been using THE BOTTOM LINE smartphones to shoot videos they Existing legal tools provide only limited protection for rights holders, such as share on platforms for professional sports leagues, broadcasters and award show producers, against the some time, live video-streaming apps threats posed by Periscope and Meerkat. As these apps continue to develop, rights such as Periscope and Meerkat are holders will need to look to technological tools and develop more engaging video bringing live videos to mass audiences like never before. Since Meerkat streaming content themselves to ensure their audience’s loyalty. Stay tuned. emerged on the scene as the darling of the 2015 Interactive conference, the media and practice round at the WGC-Cadillac with YouTube’s Content ID system. marketing communities have been Match Play Championship for the However, it is a challenge of a buzzing over the potential and pitfalls remainder of the season, while the completely different magnitude for a of live video-streaming apps. That National Football League allowed rights holder to ask Periscope or buzz reached a fever pitch in May journalists to live stream the annual Meerkat to remove a streaming video when the highly anticipated boxing amateur draft. of an event that is occurring at that match between Floyd Mayweather Jr. very moment, which may have ended and Manny Pacquiao became the first CURRENT TOOLS by the time the rights holder discovers the infringement or the app provider is high profile live sporting event to suffer The takedown procedures of the able to comply. Periscope confirmed a blow from rampant piracy on Digital Millennium Copyright Act that it received 66 complaints of Meerkat and its competitor, Periscope. (DMCA) are intended to provide tools unauthorized streaming of the to copyright owners to remove To date, the reaction of copyright Mayweather-Pacquiao fight and unauthorized exhibition of copyrighted holders has been somewhat muted. removed 30 of them. The remaining content. But these tools may not be Professional sports leagues seem to streams had finished before Periscope enough. The DMCA requires service be divided – the National Hockey was able to deal with them. League has sought to limit the apps’ providers to respond “expeditiously” to use, but Major League Baseball has remove or disable access to allegedly Some believe that the video-streaming indicated that it will not prohibit fans infringing material. It is already a experience is not compelling enough from using them. Journalist Stephanie challenge for owners of substantial to lure audiences away from an entire Wei reported that her media libraries to ask YouTube to remove a sporting event in significant numbers. credentials were revoked by the PGA video of a pre-recorded concert, movie But it is important to remember that Tour after using Periscope during a or television program that is Periscope and Meerkat are still in

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ENTERTAINMENT, MEDIA & SPORTS >> ALERT

their infancy, and it is not difficult to view an unauthorized stream of that imagine that the user experience momentous event, depriving the rights FOR MORE INFORMATION will dramatically improve over time. holder of that surge in viewership. James L. Johnston With improved cameras and higher Partner resolution streaming, Periscope and 212.468.4867 RESPONSE [email protected] Meerkat could easily find themselves If Napster and its progeny have right next to Netflix on connected or the D&G attorney with whom you demonstrated anything, it is that an have regular contact. flatscreen televisions. intellectual property protection strategy Even if audiences are not ready to focused principally on enforcement is a watch an entire live event via Periscope losing proposition. The current legal Davis & Gilbert LLP 212.468.4800 or Meerkat, there is still substantial tools for enforcing intellectual property 1740 Broadway, New York, NY 10019 harm from the loss of surge rights can only provide limited www.dglaw.com viewership. Casual fans may only tune remedies. It will be critical for rights © 2015 Davis & Gilbert LLP in to a broadcast when something holders to work closely with Meerkat momentous is likely to happen – such and Periscope to develop as a pitcher going into the ninth inning technological tools to manage these with a perfect game, or a quarterback risks. Even more importantly, rights driving his team in the last two minutes holders must create a superior live of the fourth quarter, or when a record streaming experience for audiences to is about to be broken. This surge of enjoy. With more and better angles viewership can have a significant and closer access to the action, rights impact on overall audience levels for holders can give audiences a reason to high profile events. Periscope and seek them out, instead of the stream Meerkat, though, provide convenient from the fan in the upper deck. opportunities for those casual fans to