Key Legal Concerns with Live streaming scripts
Copyrighted Content:-
Periscope, as well as Google Hangouts, have Terms of Service that prohibit
users from violating the copyright of others.
Incorporating a copyrighted work into your live stream exposes you to
liability you may not have intended. This is part of the Safe provisions of the
Digital Millennium Copyright Act and is more for their protection than yours.
If you, as a user, violate the copyright of someone then it’s on you, not them.
This means, that using copyrighted music in the background would be a violation
of the TOS, in addition to any copyright. But there are other copyright issues
that many don’t think about, such as the copyright of artwork, performances,
written materials, and architectural works.
Commercial or Private
Use: - If your live streaming app clone is for commercial use there are a host of legal concerns. Not only
are there copyright, trademark, and trade secret issues to stay careful about,
but you will need to know about privacy laws, publicity rights, trespassing,
and location releases. If you have ever been out and have seen a movie, video,
or ad being filmed or shot you likely recall there being an area that was
cordoned off. They do that for a number of reasons, one of which is to make
sure there are no random people in the background.
Location Concerns:- It
is based on whether you are live streaming for personal or for marketing use,
you have to make sure you have the right to be where you’re filming. If you’re
on your own property, that makes it simple. However, if you’re in public or on
private property there are legal concerns to manage. In public, you’re likely
safe to use the property. That’s not to say you have an absolute right.
Privacy and Right of
Publicity:- This comes in with Commercial vs. Personal use as well as
Location concerns. Privacy is the right to control information about you, so it
cannot be shared. The Right of Publicity is the right to protect your name and
likeness from being exploited for commercial gain. Sometimes these rights
overlap, and other times one exists while the other does not. You may not have
privacy rights when you shop at your favorite store, but they don’t have the
right to use your name or likeness for commercial gain. Privacy and Rights of
Publicity is state law matters, which add to the confusion because some states
are more lenient than others.
Disclosure:- For
corporate brands on their channel, it’s pretty obvious most of the time since
the brand isn’t a person. It’s more like an informative. But just like an
informative, there are Federal Trade Commission laws related to truth in
advertising that need to be considered. If a celebrity, influencer, brand
ambassador, or the like is taking over the brand’s live stream viewers need to
be aware that the person is a paid endorser. Same thing for influencers. If you
are doing a sponsored live stream, disclosure needs to be made. Like much of
social media, the logistics of Federal Trade Commission disclosure is a bit hit
and miss. Live streaming can create an awareness in the market and to sell your
products, services, or business. But like other different aspects of running a
business, you need to consider the legal issue before starting your live TV streaming PHP script
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