Question
Audrey runs a website called Setsiders that promises users access to the on-set experience for film, television, and all your favorite media. Setsiders invites production
Audrey runs a website called Setsiders that promises users access to "the on-set experience for film, television, and all your favorite media." Setsiders invites production staff, actors, and anyone else with access to film locations, rehearsal spaces, writers' rooms, and the like to submit pictures and videos that they have taken. Setsiders pays a bounty to everyone whose submission was not previously available to the public. The size of the bounty is based on the juiciness of a submission: the more the submission reveals about what's happening on set, what the plot of the film or show will be, or what the finished product will look like, the more money the submitter will receive. Setsiders' maximum bounties are reserved for pre-release script pages and dailies, the raw footage taken each day before it is edited together into a final product.
Audrey knows that some of the material on Setsidersespecially the high-bounty materialis infringing. She also knows that about half of the website's contentfor example, original snapshots of actors out of costume, submitted by the people who took the snapshotsis not infringing, and is in fact on the site with the avid consent of the copyright holder. The remainder of the website's material is more questionable: it may contain copyrighted material, but that material may bede minimis(such as a picture of someone reading a blurry script) or may be fair use (because it shows a small portion of the copyrighted material, and the copyright owner would not exploit the market for it, such as a short video of an actor practicing a single nondescript line in their trailer).
Setsiders posts new material every day; Audrey believes that every week the site includes one high-bounty post and about 20 lower-bounty posts. The site makes about $100,000 a year in profits from subscriptions, and Audrey expects that number to rise as more people learn of the site.
- Assuming that Audrey is correct in her assessment about what material on her site is and isn't infringing, what remedies is she likely to face?
- How likely is each remedy to occur?
- How severe will each remedy be, and why
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