The Friday Problem

1. Rebecca Black’s music video for “Friday” has been viewed over 120 million times on YouTube. But in June 2011, the official version of the video was removed from YouTube. Fans promptly rushed in to fill the gap. One of them, with a username of PinkDressGirl, uploaded a copy to YouTube, describing it as “Friday (Totally Unauthorized).”1.Suppose you work for ARK Music (Black’s record label) and you would like to have this unauthorized version removed from YouTube. What is the process you will need to go through to submit a takedown notice? What will the notice need to contain, and what will you need to do with it?

ARK would need to show that PinkDressGirl has uploaded material that is infringing on copyrighted material. Then they would need to issue a takedown notice. This would include a description of the material being infringed upon, the material that is infringing, information on how to contact the complaining part, a statement of good faith that the complainant knows the material is not authorized, and a statement that the notification is accurate.

1. Now, suppose you work for YouTube. You have just received the notice from ARK Music. What will happen if you ignore it? What will happen if you disable access to the video? What will you do?

Youtube is required to act expeditiously to remove or disable access to infringing content upon receiving a valid takedown notice. If you ignore the notice, you could be liable for infringing on copyright material.

1. Now, suppose you are PinkDressGirl. YouTube has just informed you that the video has been disabled due to a copyright complaint from ARK Music. What are your options? What are their advantages and disadvantages?

You could send a counter-notice and if ARK does not respond, then PinkDressGirl may be able to reupload their video. The disadvantage is that you are submitting to the jurisdiction by responding so you could be subject to a lawsuit.

1. Now, suppose you work for YouTube and you have just received PinkDressGirl’s counter-notice. What are your options and obligations? How quickly must you act? What will you do?

YouTube should notify ARK that there is a counternotice and that if ARK does not respond, YouTube can reactivate the video.

1. Finally, suppose you work for ARK Music again, and YouTube has just informed you of PinkDressGirl’s counter-notice. What are your options? Is the video online or offline while you deliberate? What will you do?

ARK should file a court order to enjoin PinkDressGirl from using the material. After 10 days, YouTube may put the video back online while you deliberate.