legal final report socila media .docx

8/14/2019 legal final report socila media .docx

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YouTube and what are their

legal rights such as:

1. Direct copyright Infringement

Public performance

2. Direct copyright infringement

Public Display

3. Reproduction of copyright

material

4. Inducement of copyright

infringement

5. Contributory copyright

infringement

6. DMCA safe harbours

Legal aspectsin social

media

Youtube vs Viacom , an emphasis

BY- Setu Sharma (SMBA12030)


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TABLE OF CONTENTS

Preview

Acknowledgement

Definitions

Chapter 1 : Abstract

Chapter 2 : Executive Summary

Chapter 3 : Introduction

Section 3.1 : What is Social Media ?

Section 3.2 : Major Social Media Companies

Section 3.3 : Problems faced by Social Media Companies

Section 3.4 : Youtube Brief Overview of the Company

Section 3.5 : Viacom Brief overvire of the Company

Chapter 4 : Company Structure

Section 4.1 : Youtube Board of Directors 2013

Section 4.2 : Viacom Board of Directors 2013

Chapter 5 : Policy and legal framework

Section 5.1 : Sector Legislation

Section 5.2 : Terms of service

Section 5.3 : Regulations


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Chapter 6 : Social media and IPR issues

Section 6.1 : Defamation

Section 6.2 : Copyright

Section 6.3 : Trademark

Section 6.4 : Trade Secret

Chapter 7 : Copyright Laws

Section 7.1 : The U.S copyright Laws

Section 7.2 : Indian Copyright Laws

Section 7.3 : U.K copyright Laws

Section 7.4 : U.A.E Copyright Laws

Chapter 8 : Intellectual Property Rights

Section 8.1 : The WIPO

Section 8.2 : CLEA

Section 8.3 : Fair use

Chapter 9 : Internet Usage and expansion of social media

Chapter 10 : Youtube

Acquired by Google

Chapter 11: Viacom International vs. YoutubeInc.

Section 11.1 : Introduction

Section 11.2 :Background

Section 11.3 : Red knowledge flag


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Chapter 12: Digital Millenium Copyright ActSafe Harbors

Chapter 13 : District Court Proceedings

Section 13.1 : District Court Proceedings

Section 13.2 : 2008 district court ruling

Section 13.3 : 2010 district court ruling

Section 13.4 : Appeleatte court proceedings

Chapter 14 : UMG vs Shelter Panthers verdict

Section 14.1 : UMG vs Shelter Panthers verdict

Chapter 15 : Consumers - Terms of Use

Section 15.1 : Principles

Chapter 16 : Disclaimer

Section 16.1 : Youtube disclaimer

Section 16.2 : Creative commons

Section 16.3 : Terms of Service

Chapter 17 : Additional Legal ProvisionsYoutube

Section 17.1 : Compliances

Section 17.2 : No Implied Rights

Section 17.3 : Non-Exclusive Rights

Section 17.4 : Publicity laws

Section 17.5 : Confedentiality


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Section 17.6 : Indemnification

Section 17.7 : Termination

Section 17.8 : Modification

Chapter 18 : Analysis

Chapter 19: Sources of biblography

Chapter 20 : List of tables and figures


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ACKNOWLEDGEMENT

This report would not have been possible without the co-operation and support of

many people and I would like to take this opportunity to thank them all.

With a deep sense of gratitude, I acknowledge here, the motivation, guidance and

inspiration I received from my professor Mr. Deepak Dayal, who showed full

confidence in my abilities and encouraged me to perform to the best of my

capabilities. Without his valuable support and input, this report would not have

seen the light of the day. I thank you sir for your guidance, support, time and

consideration.

I am also very grateful to the IMT management for providing me with excellent

facilities which helped me to complete my project report. I would like to express my

gratitude to all my professors for sharing with me their valuable knowledge and

experience which have helped me during my course.

Last but not the least; I would like to thank my family, friends and fellow students

for their moral support.

Setu Sharma

SMBA1230

Dt. 11thOctober, 2013


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Definitions

Authenticity: It is the sense that something or someone is real. Blogs enable

people to publish content, and engage in conversations, that show their interests and

values, and so help them develop an authentic voice online.

Content management systems (CMS): They are sometime described as the Swiss

Army knives of social media. They are software suites offering the ability to create

static web pages, document stores, blog, wikis, and other tools. CMSs have the

advantage of offering comprehensive solutions - but can be challenging to configure,

and each of the different tools may not be quite as good as a stand-along version.

Unless you have some technical skills, they are best suited for situations where you

can employ a web developer to work with you, and provide some continuing

support.

Control: social networking is difficult to control because if people can't say

something in one place they can blog or comment elsewhere. That can be

challenging for hierarchical organisations used to centrally-managed websites.

Copyright: sharing through social media is enhanced by attaching a Creative

Commons license specifying, for example, that content may be re-used with

attribution, provided that a similar license is then attached by the new author. This

work is under that type of license - Creative Commons Attribution Share-Alike 2.5

License

Culture: social media only works well in a culture of openness, where people are

prepared to share. For that reason, commitment and attitude are as important as

tools. Creative two-way communication and collaboration is unlikely to flourish in

an organisation where the norm is top-down control. When people in that sort of

culture talk about networking they may have a hub and spokes model in mind, with

them having some central control.


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Location: the nature of location and presence is changed by the Internet and social

media, because you can be active online in many different places, including in

virtual worlds.

Platform: It is the framework or system within which tools work. That platform may

be as broad as mobile telephony, or as narrow as a piece of software that has

different modules like blogs, forums, and wikis in a suite of tools. As more and more

tools operate "out there" on the web, rather than on your desktop, people refer to

"the Internet as the platform". That has advantages, but presents challenges in

learning lots of different tools, and getting them to join up.

Registration:it is the process of providing a username, password and other details

when seeking to access a website that has restricted access.

Remixing: social media offers the possibility of taking different items of content,

identified by tags and published through feeds, and combining them in different

ways. You can do this with other people's content if they add an appropriate

copyright license.

Sharing: is offering other people the use of your text, images, video, bookmarks or

other content by adding tags, and applying copyright licenses that encourage use of

content.

Social media: it is a terms for the tools and platforms people use to publish,

converse and share content online. The tools include blogs, wikis, podcasts, and sites

to share photos and bookmarks.

Social networking sites: these are online places where users can create a profile for

themselves, and then socialise with others using a range of social media tools

including blogs, video, images, tagging, lists of friends, forums and messaging.

Subscribing: it is the process of adding an RSS feed to your aggregator or

newsreader. It's the online equivalent of signing up for a magazine, but usually free.


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Taxonomy: It is an organised way of classifying content, as in a library. Providing

contributors to a site with a set of categories under which they can add content is

offering a taxonomy. Allowing people to add their own keywords is to endorse

folksonomy.

Terms of services: these are the basis on which you agree to use a forum or other

web-based place for creating or sharing content. Check before agreeing what rights

the site owners may claim over your content.

Trackback: some blogs provide a facility for other bloggers to leave a calling card

automatically, instead of commenting. Blogger A may write on blog A about an item

on blogger B's site, and through the trackback facility leave a link on B's site back to

A. The collection of comments and trackbacks on a site facilitates conversations.

Transparency: Enhancing searching, sharing, self-publish and commenting across

networks makes it easier to find out what's going on in any situation where there is

online activity.

Usenet: User generated content is text, photos and other material produced by

people who previously just consumed.

Virtual worlds: These are online places like Second Life, where you can create a

representation of yourself (an avatar) and socialise with other residents. Basic

activity is free, but you can buy currency (using real money) in order to purchase

land and trade with other residents. Second Life is being used by some voluntary

organisations to run discussions, virtual events and fundraising.

Web 2.0 : It is a term coined by O'Reilly Media in 2004 to describe blogs, wikis, social

networking sites and other Internet-based services that emphasize collaboration and

sharing, rather than less interactive publishing (Web 1.0). It is associated with the

idea of the Internet as platform.


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Chapter 1: Abstract

The project I have taken is from social media company, google owned YouTube. As

internet is spread over the world and has users all over the world, because of this

and having numerous users increases legal complexity involved with such

companies.

With this case I would specifically focus on the problems faced by companies like

YouTube and what are their legal rights such as:

1.

Direct copyright Infringement Public performance2. Direct copyright infringement Public Display3. Reproduction of copyright material4. Inducement of copyright infringement5. Contributory copyright infringement6. DMCA safe harboursApart from this it would specifically it would enlighten us how difficult it is to

monitors the users all across the globe and what are the responsibilities and steps

they can take legally to stop such events


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Chapter 2: Executive Summary

Viacom, the media conglomerate that owns a slew of television networks as well as

Paramount Pictures, sued Google, the owners of YouTube, for direct and secondary

copyright infringement. In essence, Viacom claimed that YouTube violated

copyright laws by helping distribute illegally copied videos that were uploaded to

the site by individual users.

The case cantered on the Digital Millennium Copyright Act (DMCA). This federal

law, enacted in 1998, was meant to update copyright laws for the 21st century.

Within the law, legislators created a way for website producers to escape copyright

lawsuits, called a Safe Harbor provision. In order to invoke the Safe Harbor, the

court ruled, YouTube must remove any material violating copyright laws once it has

specific knowledge of particular copyrighted videos that the site is helping to

distribute. Judge Stanton concluded that it was against the DMCAs purpose to hold

YouTube legally liable for every video uploaded on the website some 20 hours of

video every minute even if they might have had a general idea that the site was

being used to violate copyright laws.

Viacom has stated that it intends to appeal the ruling to the Second Circuit Court of

Appeals, one of two federal appellate courts that frequently hear these types of

cases. While Judge Stanton seemed relatively comfortable on the footing he created

with the opinion, a higher court may simply disagree.

Judge Stanton focused heavily on the statements of legislators prior to the DMCAs

enactment, often referred to as legislative history. While that may have sufficed for

Judge Stanton, many other judges (Justice Scalia on the Supreme Court most notably

%) find such inquiries to be generally unpersuasive.


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THE BURDEN FOR VIACOM

The problem for Viacom on appeal, according to Kurt Opsahl, senior staff attorney at

the Electronic Frontier Foundation (EFF), is that they are essentially asking a court to

change commonly used interpretations of the DMCA.

Thats a heavy burden and they werent able to come up with it at the district

court, he said. Viacoms best bet may be to argue that the judicial interpretations of

existing laws simply do not protect copyright holders in the way that Congress

originally intended.

YouTube certainly wouldnt look like it does now, said Sherwin Siy, deputy

legal director at Public Knowledge. Sharing video clips on the Internet would

just go out of the window. Both Public Knowledge and the EFF have publically

supported Googles position in this case, filing court documents on their behalf.

Siy went on to note that if websites that display user-generated content are held

liable for all of the material posted on their site, these forums for social networking

will evaporate under the constant fear of being sued by copyright holders.

WHO TO PROTECT: PRODUCER OR DISTRIBUTOR?

The courts opinion was grounded on the purpose underlying the DMCA, which,

Judge Stanton stated, was mindful of the inherent tension between contentproducers and distributors on the Internet. On one hand, copyright laws need to

protect the rights of video creators. Without such rights, media giants like Viacom

would not have the economic incentive to create quality video programming.

According to a San Francisco Chronicle editorial published on Monday, strong

copyright protections are needed to ensure that those talented enough to create

programming can make a living doing it.


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We cant expect people to create things for free unless we believe that the only

people in our society who can be creative are those who are already rich, the

editorial stated.

On the other hand, if copyright laws are too restrictive, Internet buffs would be

unable to experiment with different video distribution models. When the Viacom

case was just starting, the EFF released a statement noting, If Viacom convinces a

court that YouTube is nevertheless liable for copyright infringement, it could have a

chilling effect on any business that hosts content on behalf of users and thus frustrate

the many perfectly lawful uses of such technologies.

In accordance with EFFs stance, Judge Stantons decision essentially holds that

while copyright holders need to be protected, Congress (via the DMCA) wanted to

protect the Internets open development even more.

The courts ruling is also consistent with the theory supporting another law directly

aimed at lawsuits on the Internet: Section 230 of the Communications Decency Act.

Section 230 protects website producers from being sued for the statements Internet

users make on a site through the use of comment forums and the like. While Section

230 has been criticized, courts have agreed that in passing the law, Congress intent

was to make website producers immune from liability in order to foster innovation

and growth on the Internet.

Additionally, Judge Stanton had a practical basis for his decision. Although it is

surely difficult for Viacom to troll the Internet minute-by-minute attempting to find

illegally copied or distributed video, it is not impossible. The court put the onus on

content producers not distributors like YouTube to police the Internet and seek

out when their copyright material is being illegally uploaded. YouTubes case was

surely helped by the fact that when Viacom notified the website that it was hosting

specific copyrighted videos, YouTube swiftly removed them from the site.


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The case revolves around the same and the importance of copyright and IPR laws,

importance of the safety harbors and DMCA and its implication on social media as

with the advent of internet the freedom of usage has increased to all the users

around the world.


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Chapter 3: Introduction

Today Internet penetration in the U.S is 85% and across the globe is more than 50%

and we have 3.5 billion internet users all over the world, which has ensured the

companies such as YouTube have prospered and have been playing a major part in

ever growing technology of the beautiful world, but with comes problems of

massive magnitude that is copyright infringement and users uploading the pirated

videos. Millions of videos are uploaded every day and YouTube keeps track of all

the videos and filter them.

In 2007 a case arose, where Viacom filed a lawsuit against the YouTube for copyright

infringement after it was found that thousands of videos of the SpongeBob, which is

a home production of Viacom was being uploaded by users in YouTube has had

become very popular, seeing this Viacom wanted to do a formal agreement where

they would sell SpongeBob rights to YouTube but for some reasons the talks broke

down and law suit was filed worth $ 1 Billion. The copyright infringement was done

and same videos of the show were reproduced on YouTube, but question was how

far YouTube is responsible for the event and how far are users responsible for the

same. It also shows the ethical responsibility of both the companies towards the

event and of the users of YouTube. It includes particular emphasis on whether:

1. YouTube has knowledge or awareness of any specific copyright infringingvideos on its website

2. YouTube wilfully blinded itself to such infringements3. You tube had right and ability to control such activity.

Majorly the section covered is 512 (C) (1) (B).


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3.1 What is social media?

At its simplest, social media is interacting with others while creating content.

Content can be discussions, videos, opinions, photos, and much more.

Social media is information being passed in all directions. Government can join the

fray, either harnessing the flow of information or adding their own voice.

To understand social media, the different ways people engage must be examined:

Some people createcontent informing, changing opinions and leading trends.

Some people just listen- whether occasionally or all the time. Some people dig through information and shareit with others - adding their own

flavour.

Figure 1: Social media

By analogy to traditional forms of media, the roles can be described as Content

Creator-> news station, advertiser. Blogger-> chat show. Listeners-> audience.

The real power of social media comes from the fact that anyone

can play any role. Anyone can syndicate content and views to

the entire world for free. Now it is common to see news Social Media

Users -Creating,

Sharing

Content creators

Sharers

Listeners


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channels accept live feedback from viewers and respond in real-time, for news

channels or to interview bloggers


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LEGAL ASPECTS IN SOCIAL MEDIA| Setu Sharma (SMBA12030

However, this still makes the flow of communications seem linear. The same

person can play different roles. They can:

Listento news and press releases Discussthat information with others; Shareinformation, media and thoughts with a network; and Engagewith friends and readers, sparking conversation or asking for help.

This means users can interact with everyone. Anyone has the power to initiate

the flow of information. An event can be filmed on a mobile phone, and

syndicated to news channels worldwide within hours and discussed across the

television and internet.

Listenersare excited because they have access to creatorsas never before, but it

isnt a one-sided transaction. Now creatorshave instant access to feedback from

their viewers, and access to the stream of public opinion.

Its not hard to see the implications this has for government. For example, users

can easily discuss key issues with policy makers, researchers, NGOs, and citizens

from Western Australia, Australia or around the world.


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3.2 Major Social Media Companies

There are quite a large number of social media companies and there are few

dominant ones :

Figure 2 : Top Social Media Companies

Figure 3 : Top Social Media Companies

Linkedin

Twitter

YouTube

Facebook

972

5010

140

4300

0

1000

2000

3000

4000

5000

6000

Linkedin Facebook Twitter Youtube

TOP SOCIAL MEDIA COMPANIES

Revenue(in million USD)


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There social media companies are amongst the top companies of the world in

which few account to Fortune 500 companies of the world which include the

likes of Facebook . It is a very innovative and fast paced industry and has billions

of users.

3.3 The Problems faced by the Social Media companies legally

The social media is a very big industry and has many users which number in

billions , so there is always a legal aspect to the social media and this industry

faces a lot of problems and issues related to the same.

There are approximately 400 million Facebook users; nearly 20 million people

useTwitter; and according to Technorati.com, there are some 70 million blogs, a

number thatmay be doubling every six months. It is no wonder, then, that social

networking andsocial media are the next big thing for businesses large and

small. Social networkingtools are used by advertisers and marketers, by human

resources departments, and ofcourse by job-seekers and employees. For many

companies, the question now is not whether to use social media in its business,

but how. And as with any new aspect ofdoing business, there are several

potential pitfalls that a company must be aware of toavoid running into legal

difficulties. The following are some of the legal issues that acompany may face as

it integrates social media into its business practices:

1) Disclosure of Confidential Information

Often unknowingly, confidential information, such as trade secrets, may be

disclosed by an employee or other party with knowledge on popular social

media websites such as Twitter, Facebook, or LinkedIn. Confidential information

may also be disclosed via blogs, chat rooms, and anonymous blog comments.


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Widespread disclosure of trade secrets, in particular, can result in the loss of

intellectual property rights in the confidential materials. In addition, some

websites purport to claim ownership of userposted information, such as

comments to a story. The best protection is to updatepolicies and procedures so

that employees are aware of their ongoing obligations not todisclose confidential

or proprietary information.

2) Unauthorized Use of Trademarks

Unauthorized use of third party trademarks on a social media site may lead to

legal liability for trademark infringement, dilution or unfair competition. While,

in certain circumstances, it may be a permissible fair use to refer to a company

and its product or service in a product review, blog, or status posting, it is not

permissible to use the trademarks of others to create a false impression of

endorsement, affiliation or sponsorship. Also, websites such as Facebook now

have sophisticated infringement reporting policies whereby a trademark owner

can prevent another party from adopting its mark as a username or the like.

3) Unauthorized Use of Copyright-Protected Works

Copyright-protected works, such as text, videos, music, photographs, and source

code, are often copied from another location and used on a social media website

without the authorization of the content owner. Use of copyright-protected

works without authorization creates the potential for infringement liability. Also,

site owners may be protected under a safe harbor provision in copyright law,whereby if they take down infringing content after receiving notice, they are

protected from liability. This safe harbor does not automatically apply to

trademarks, but similar procedures should be implemented by site owners for

the unauthorized use of marks.


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The best practice is to seek permission before using material that appears to be a

copyright-protected work. In some cases, the content owner may charge a license

fee, but that fee will certainly be less costly than an infringement lawsuit. Some

content, though, is available for public use without express permission, such as

open source code.However, even that material often requires attribution to the

original author, so pay close attention to the terms and conditions of use.

4) Defamation Issues

Some of the features that make social media attractive, such as real-time

interaction and the ability to post on the fly, are the same ones that could result

in unintended legal liability. Statements published to a limited group of

connections or friends that arguably defame a third party may result in legal

action against the poster. Given the infancy of social media, it is unclear whether

courts will view this type of posting as sufficient for libel purposes, but best

practices are to avoid statements that could be construed as defamatory. Also,

posts made anonymously may be traceable via IP address or similar technique.

So anonymity alone will not necessarily prevent liability.

5) Electronic Discovery

While the rules and practices of litigation generally lag behind the actual

technology employed, courts have begun to grapple with issues of discoverable

information in electronic form beyond the usual emails and scanned documents.

Today, tweets on Twitter, status postings in Facebook, and discussion forumpostings on LinkedIn are all discoverable information to the same extent as

emails and text messages. While these messages are often shorter than traditional

emails, they create problems precisely because they are shorter and thus require

more explanation. Companies with electronic document retention policies must


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ensure that these communications are also explicitly included as corporate

property.

6) Dynamic Information

Another aspect of some forms of social media, such as Wikipedia, is that content

can be edited by almost anyone. Recently, Wikipedia has tested a flagged

revision program for entries about living peoplein these cases, changes must

be approved before they are posted. It remains uncertain whether this policy will

be applied to corporate entries. Also, companies must be aware that employees

or other interested parties may change entries to remove unfavorable

information, or, even more worrisome, to add untrue unfavorable information.

In addition, it may be possible for third parties to identify when a company

employee makes a change to a Wikipedia entry about the company for

example, to remove or alter references to an unfavorable lawsuit outcome

which could lead to more bad publicity than the original entry might have

garnered.

7) Human Resources Issues

It is becoming increasingly common for company HR departments to review the

Facebook, LinkedIn, and other social media pages of both job candidates and

current employees. While this practice can be useful to help make hiring

decisions, companies must ensure that their hiring and retention practices do not

unlawfully discriminate based on information available through suchcandidates and employees social media pages. In addition, professional social

media sites such as LinkedIn offer the opportunity for people to write

recommendations for others in their networks. While this can be beneficial to the


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subject of the recommendation, there are two considerations for supervisors to

keep in mind when writing recommendations for their employees:

(1) a good recommendation can later make it difficult for a company to defend

against a claim of wrongful termination; and (2) a negative recommendation may

result in discrimination, defamation, or workplace retaliation claims.

8) Securities

Businesses with an Internet presence must be vigilant to ensure that securities

laws and regulations are not violated. While this clearly applies to company-

managed websites and blogs, it also means that employees and executives need

to be careful about what they say in other forums, including on Twitter or third-

party message boards. The CEO of Whole Foods was taken to task for a series of

message board postings he had made under a pseudonym, talking down his

companys competitor, Wild Oats. When Whole Foods later acquired Wild Oats,

the SEC investigated to determine whether his postings had been an illegal

attempt to affect Wild Oatss stock price. While the SEC ultimately took no action

against him or Whole Foods, the incident demonstrates how careful companies

and their executives and employees must be.

9) Privacy/Publicity

Just as third-party materials posted to a social media site may infringe copyright

or trademarks, or disclose confidential information, posting photographs and

video without proper releases may violate the privacy or publicity rights of

individuals. In addition, companies in certain industries, particularly health care,

must ensure that their employees do not violate specific privacy regulations (e.g.,

HIPAA) in their activities on social media sites. Even a seemingly innocuous


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Twitter comment about a patients condition could be a violation. In another

area, a woman has sued two debt collection agencies for violations of the Fair

Debt Collection Act after they posted information to her Myspace page about her

debts.

10) Endorsements

The FTC has recently issued new rules requiring bloggers and other users of

social media to disclose any paid endorsements. This means that bloggers who

receive compensation for discussing a product or service must disclose that their

comments are paid; but it could also apply, for example, to someone who

receives free nights from a hotel and then Twitters about how great the hotel is.

Similarly, employees who truly love their companys offerings and tweet about

them or discuss them on message boards are supposed to disclose that they are

employed by the company. While the FTC is unlikely to pursue individual

bloggers or tweeters with small followings, those with wider exposure may come

under scrutiny, and the FTC has said that its primary purpose is to keep

companies in line.

To sum up, social networking provides a new set of tools companies can use to

enhance their business, but as always, there are risks. However, with some

forethought and attention, a company can minimize or avoid legal trouble and

make those tools more effective


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3.4 Brief overview of Viacom & Youtube

Figure 4 : youtube vs viacom

3.4 Youtube

YouTube is avideo-sharing website, created by three formerPayPal employees

in February 2005 and owned byGoogle since late 2006, on which users can

upload, view and share videos. The company is based inSan Bruno, California,

and usesAdobe Flash Video andHTML5technology to display a wide variety

ofuser-generated video content, including movieclips, TV clips, andmusic
http://en.wikipedia.org/wiki/Video_hosting_servicehttp://en.wikipedia.org/wiki/PayPalhttp://en.wikipedia.org/wiki/Googlehttp://en.wikipedia.org/wiki/San_Bruno,_Californiahttp://en.wikipedia.org/wiki/Flash_Videohttp://en.wikipedia.org/wiki/HTML5http://en.wikipedia.org/wiki/User-generated_contenthttp://en.wikipedia.org/wiki/Video_cliphttp://en.wikipedia.org/wiki/Music_videohttp://en.wikipedia.org/wiki/Music_videohttp://en.wikipedia.org/wiki/Video_cliphttp://en.wikipedia.org/wiki/User-generated_contenthttp://en.wikipedia.org/wiki/HTML5http://en.wikipedia.org/wiki/Flash_Videohttp://en.wikipedia.org/wiki/San_Bruno,_Californiahttp://en.wikipedia.org/wiki/Googlehttp://en.wikipedia.org/wiki/PayPalhttp://en.wikipedia.org/wiki/Video_hosting_service


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videos,as well as amateur content such asvideo blogging,short original videos,

and educational videos.

Most of the content on YouTube has been uploaded by individuals, although

media corporations includingCBS,theBBC,Vevo,Hulu,and other organizations

offer some of their material via the site, as part of the YouTube partnership

program. Unregistered users can watch videos, while registered users can

upload an unlimited number of videos. Videos considered to contain potentially

offensive content are available only to registered users at least 18 years old.

YouTube, LLC was bought byGoogle for US$1.65 billion in November 2006 and

now operates as a Googlesubsidiary.

The stats about the Youtube

YouTube

Type Subsidiary ofGoogle,limited

liability company

Foundation

date

February 14, 2005

Headquarters 901 Cherry Ave,San Bruno,

California, United States

Launched 14 February 2005
http://en.wikipedia.org/wiki/Music_videohttp://en.wikipedia.org/wiki/Video_bloghttp://en.wikipedia.org/wiki/CBShttp://en.wikipedia.org/wiki/BBChttp://en.wikipedia.org/wiki/Vevohttp://en.wikipedia.org/wiki/Huluhttp://en.wikipedia.org/wiki/Googlehttp://en.wikipedia.org/wiki/Subsidiaryhttp://en.wikipedia.org/wiki/Types_of_business_entityhttp://en.wikipedia.org/wiki/Types_of_business_entityhttp://en.wikipedia.org/wiki/Googlehttp://en.wikipedia.org/wiki/Limited_liability_companyhttp://en.wikipedia.org/wiki/Limited_liability_companyhttp://en.wikipedia.org/wiki/Headquartershttp://en.wikipedia.org/wiki/San_Bruno,_Californiahttp://en.wikipedia.org/wiki/File:Logo_Youtube.svghttp://en.wikipedia.org/wiki/San_Bruno,_Californiahttp://en.wikipedia.org/wiki/Headquartershttp://en.wikipedia.org/wiki/Limited_liability_companyhttp://en.wikipedia.org/wiki/Limited_liability_companyhttp://en.wikipedia.org/wiki/Googlehttp://en.wikipedia.org/wiki/Types_of_business_entityhttp://en.wikipedia.org/wiki/Subsidiaryhttp://en.wikipedia.org/wiki/Googlehttp://en.wikipedia.org/wiki/Huluhttp://en.wikipedia.org/wiki/Vevohttp://en.wikipedia.org/wiki/BBChttp://en.wikipedia.org/wiki/CBShttp://en.wikipedia.org/wiki/Video_bloghttp://en.wikipedia.org/wiki/Music_videohttp://en.wikipedia.org/wiki/File:Logo_Youtube.svg


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CEO Salar Kamangar

Industry Internet

Slogan(s) Broadcast Yourself .

Alexa rank 3

Table 1 : Youtube Stats

3.5 Brief overview of Viacom

Viacom Inc., short for "Video & Audio Communications", is an American

globalmass media company with interests primarily in, but not limited to,

cinema and cable television. As of 2010, it was the world's fourth-largest media

conglomerate, behindThe Walt Disney Company,Time Warner and News

Corporation .Viacom is owned in majority byNational Amusements, Inc., a

privately owned theater company based in Dedham, Massachusetts,

USA.National Amusements holds another controlling stake inCBS Corporation.

The current Viacom was created on December 31, 2005, as a spinoff from CBS

Corporation, whichchanged its name fromViacom to CBS at the same time. CBS,

not Viacom, retains control of the over-the-air broadcasting, TV

production,outdoor advertising, subscription pay television (Showtime) and

publishing assets (Simon & Schuster) formerly owned by the larger company.

However,Sumner Redstone through National Amusements, retains majority

control of Viacom. Predecessor firms of Viacom includeGulf Western, which

later became Paramount Communications Inc., andWestinghouse Electric

Corporation.
http://en.wikipedia.org/wiki/Industryhttp://en.wikipedia.org/wiki/Sloganhttp://en.wikipedia.org/wiki/Alexa_Internethttp://en.wikipedia.org/wiki/Mass_mediahttp://en.wikipedia.org/wiki/The_Walt_Disney_Companyhttp://en.wikipedia.org/wiki/Time_Warnerhttp://en.wikipedia.org/wiki/News_Corporationhttp://en.wikipedia.org/wiki/News_Corporationhttp://en.wikipedia.org/wiki/National_Amusementshttp://en.wikipedia.org/wiki/CBS_Corporationhttp://en.wikipedia.org/wiki/Company_renaminghttp://en.wikipedia.org/wiki/Viacom_(1971%E2%80%932005)http://en.wikipedia.org/wiki/CBS_Outdoorhttp://en.wikipedia.org/wiki/Showtime_Networkshttp://en.wikipedia.org/wiki/Simon_%26_Schusterhttp://en.wikipedia.org/wiki/Sumner_Redstonehttp://en.wikipedia.org/wiki/Gulf_and_Western_Industrieshttp://en.wikipedia.org/wiki/Westinghouse_Electric_(1886)http://en.wikipedia.org/wiki/Westinghouse_Electric_(1886)http://en.wikipedia.org/wiki/Westinghouse_Electric_(1886)http://en.wikipedia.org/wiki/Westinghouse_Electric_(1886)http://en.wikipedia.org/wiki/Gulf_and_Western_Industrieshttp://en.wikipedia.org/wiki/Sumner_Redstonehttp://en.wikipedia.org/wiki/Simon_%26_Schusterhttp://en.wikipedia.org/wiki/Showtime_Networkshttp://en.wikipedia.org/wiki/CBS_Outdoorhttp://en.wikipedia.org/wiki/Viacom_(1971%E2%80%932005)http://en.wikipedia.org/wiki/Company_renaminghttp://en.wikipedia.org/wiki/CBS_Corporationhttp://en.wikipedia.org/wiki/National_Amusementshttp://en.wikipedia.org/wiki/News_Corporationhttp://en.wikipedia.org/wiki/News_Corporationhttp://en.wikipedia.org/wiki/Time_Warnerhttp://en.wikipedia.org/wiki/The_Walt_Disney_Companyhttp://en.wikipedia.org/wiki/Mass_mediahttp://en.wikipedia.org/wiki/Alexa_Internethttp://en.wikipedia.org/wiki/Sloganhttp://en.wikipedia.org/wiki/Industry


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Comprising BET Networks, MTV Networks, and Paramount Pictures, Viacom

operates approximately 170 networks reaching approximately 700 million

subscribers in 160 countries.

Stats and information about Viacom :

Viacom Inc.

Type Public

Industry Mass media

Founded January 3, 2006

Headquarters New York City, New York, United States

Area served Worldwide

CEO Philippe P. Dauman

(President & CEO)
http://en.wikipedia.org/wiki/Types_of_business_entityhttp://en.wikipedia.org/wiki/Public_companyhttp://en.wikipedia.org/wiki/Public_companyhttp://en.wikipedia.org/wiki/Mass_mediahttp://en.wikipedia.org/wiki/Mass_mediahttp://en.wikipedia.org/wiki/File:Viacom_logo.svghttp://en.wikipedia.org/wiki/Mass_mediahttp://en.wikipedia.org/wiki/Public_companyhttp://en.wikipedia.org/wiki/Types_of_business_entityhttp://en.wikipedia.org/wiki/File:Viacom_logo.svg


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Products Cable television, broadcasting, radio, publishing, movies,

andweb portals

Revenue US$ 13.887 billion (2012)

Table 2 : Viacom stats

Chapter 4 : Company Structure

4.1 Youtube Company Structure

The Youtube is a susidary of the google and opeartes as an independent

company Youtube LLC. Youtubes CEO is Salar Kamangar and rest of the

directors are from Google
http://en.wikipedia.org/wiki/Web_portalhttp://en.wikipedia.org/wiki/Web_portal


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Fig 5 : Youtube board of directors

4.2 Viacom Company Structure

Viacom is a public compnay with revenues more than $14 billion in 2012 , the

structure of the company is given below:

Salar Kamangar (CEO)

Ann Mather(Independent Director)

Paul otteni(Independent Director)

Shirley Tighman(Independent Director)

Seregy Brin

(Executive director)


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Figure 6 : Viacom board of directors

5.Policy , legal and contractual Framework

Sumner redstone

(Chairman of the board)

Robert kraft

(Director) Christiana sorrell (Director)

Alan Greenberg,

Independent director

William Schwartz,

independent director Thomas Dooley , COO George Abrams, Director

Phillipe P. Dauman

(CEO)


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5.1 Sector legislation

Legislative Renewal

Justice William O. Douglas wrote of his 36 years on the U.S. Supreme Court that

security can only be achieved through constant change, through discarding old

ideas that have outlived their usefulness and adapting others to current fact s.

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