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.”