11/04/2013

Second-Screen Legal Issues Addressed by Attorney Sean Hayes at MIPCOM in Cannes, France

The following article appears in MIPCOM. MIPCOM's website may be found here.

Primary Issues for Second Screen
"The Second-screen format that enables viewers to interact with TV content via social media could be opening up a tangle of legal issues, concluded speakers at Second Screen - Legal Issues and Solutions. Organized by the International Association of Entertainment Lawyers, the speakers noted that viewers' ability to access extra TV-related content on smartphones and tablets posed new legal challenges for broadcasters and advertisers hoping to monetize the experience. 

For example, second-screen apps with digital-fingerprint and automated content-recognition (ACR) technologies are able to track viewing behavior via data collected during a show. 

"But who owns your digital fingerprints or the collection of these fingerprints?" Asked Christiaan Alberdingk Thijm, Dutch attorney-at-law at bureau Brandeis. "The collection of fingerprints forms a database. But while the European Union recognizes database rights, the US does not. The second screen is a lawyer's paradise." 

The other speakers, Dr. Ralph Oliver Graef, attorney-at-law at Germany's Graef Rechtsanwalte, IPG Legal's senior partner, Sean Hayes, and moderator Jeff Liebenson, principal at US-based Liebenson Law, noted that copyright infringement, privacy violation and advertisement-skipping could be negative by-products of this new era of second-screen TV viewing."
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