WNBA Sky Ink Five-Year Local TV Deal Charlotte Cup Race Could Move To Vegas PGATour.com To Air Series On UW Golf Team ESPN Has First Mass Layoffs In Years SI Brass Discuss Future Of Publication "30 For 30" To Feature Pistons' Bad Boys ACC Network Faces Roadblock In Rights Issue Preakness Stakes Ratings Up 9% For NBC Spurs-Grizzlies Game 1 Draws 3.9 Overnight Rangers' Tortorella Curses During In-Game Interview
Upcoming Conferences and Events
SBD/February 25, 2013/Media
Was NASCAR Fair In Asking Fan To Take Down YouTube Crash Video?
Published February 25, 2013
FAIR GAME? SI.com’s Michael McCann noted by attending a NASCAR race, a spectator “consents that NASCAR owns the intellectual property of the race,” meaning the spectator “cannot record or broadcast his/her own video.” If a spectator “does so, the spectator has breached the ticket's limited license and can be sued for copyright infringement and breach of contract.” Any video-sharing company, like YouTube, that “transmits the video can also be sued for copyright infringement.” But only about “12 seconds of Anderson's 1 minute, 16 video is actually of a NASCAR race; the rest centers on the crash and fans scrambling for cover from flying debris.” It could be argued that “at about 13 seconds into Anderson's video, the race transformed from a copyright-protected NASCAR event into a not-copyright-protected news event.” Even if Anderson's video “is subject to copyright protection, it's not clear that NASCAR would own that copyright” (SI.com, 2/24).