Video sharing on social media is growing. Vine is one of the latest communities to offer video services, providing a platform for users to share short, six-second looping videos. Finnegan partner Margaret A. Esquenet spoke with WIPR on potential concerns for copyright holders. “With the clips being so short,” she said, “people may feel their rights are being violated but are taking a ‘wait and see’ approach before reacting with a lawsuit.” For example, companies may upload video content for advertising purposes. These companies often have a larger following than fan-created accounts, and when large entities post infringing content, “The first port of call is always to take a look to see how many hits it has,” Esquenet noted. “If it’s limited then maybe don’t go forward with an objection or at least avoid making it public. There is a danger that you raise the profile of something you intended to minimize.”
Esquenet also provided commentary on DMCA takedown notice procedures as a potential enforcement tool. When considering this approach, she explained that rights holders typically “. . . would look at the nature of use, whether it’s transformative and if the new work is sending a different message from the original. Then you consider the nature of the original work and whether it is factual, for example an account of a news story, or creative. Lastly, you would consider the portion used and the economic impact on the original.”