Ill-Advised Copyright Lawsuit Over Facebook Live Video Becomes Costly For Plaintiff–Konangataa v. ABC

3 01 2018

You probably remember the story about a new dad’s Facebook Live broadcast of his baby’s birth. His video was covered by many media outlets, including some outlets that published snippets of the video (re the defendants in this case: 30 seconds for NBC, 22 seconds for ABC and Yahoo, and just a screenshot for CMG). Initially, the dad didn’t intend to publicly broadcast the birth, but the video has been publicly available for over a year and is still available today.

Earlier this year, the judge granted motions to dismiss by some of the news outlets based on fair use. The court didn’t issue a fair use opinion, but the recent opinion recapped the prior ruling:

Case citation: Konangataa (which I’ve also seen spelled Kanongataa) v. ABC, 2017 WL 2684067 (SDNY June 24, 2017). The complaint.



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