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Newspaper Micropayments

Fenby Miskin

A Canadian newspaper has been experimenting with iTunes-style micropayments for readers wishing to access its online content.

The Winnipeg Free Press limits browers to only three stories for a lifetime. After that, reports CBC News, readers must pay 27 cents (13p) per story.

Their credit cards are billed at the end of each month up to the full price of an online subscription, which is $16.99 (£8.34) .

And readers even have a chance to opt out of paying for articles that they didn’t think were worth the price by clicking a button to explain why.

According to the paper’s publisher, Bob Cox, the micropayments system, which was raised years ago as a good idea but rejected by publishers, is working.

Casual readers now number in the thousands, he says, and a couple of dozen new ones sign up ever day. “We’re selling a substantial number of articles every day online.”

Cox argues that people are used to going to Apple’s iTunes store to buy one thing at a time. And George Goodall, of the Canadian-based IT solutions group, Info-Tech, agrees that “the miracle of iTunes” is a sensible purchasing method.

The readership of the Winnipeg Free Press, known as the Freep, is too small to subsist on online advertising revenues alone. So Cox says it has to charge for its “unique content” about Winnipeg and Manitoba.

Aside from its local audience there is also a wide diaspora of former Winnipeggers across the globe who read the paper online.

Vloggers Advertising Guidance

Fenby Miskin

The Committees of Advertising Practice (CAP) have produced clear new guidance for vloggers to help them better understand how and when the advertising rules apply to their vlogs so that they are upfront and deal fairly with their followers.

The new guidance comes in response to calls for greater clarity from vloggers about when material in vlogs becomes advertising and how they can make that clear. It follows a ruling last year in which several vlogs (where there was a commercial relationship between the advertiser and the vloggers) were found to be misleading because they did not make clear before consumers engaged with the material that they were ads.

The advertising rules, which apply across media including online and to social media channels, state that ads must be obviously identifiable as such. If a vlogger is paid to promote a product or service and an advertiser controls the message then it becomes an ad. When that happens, like all advertisers, vloggers must be upfront and clearly signpost that they’re advertising.

Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.

There is nothing wrong with vloggers (or others creating editorial content), marketers or agencies entering into commercial relationships: what’s wrong is if consumers are misled.

When it comes to vloggers (or bloggers or anyone else creating editorial content) the assumption is that any mention of a brand is an independent decision of the vlogger as the “publisher”. That’s why, if there is a commercial relationship in place, it needs to be made clear. The wide variety of ways that brands, as the “marketers”, and vloggers can work together means that whether a video is an ad, or needs to be labelled as one upfront, depends on the context in which the video appears and the content it contains. In some circumstances the label will need to encompass the whole video, in other circumstances it might be sufficient to have a label during the video.

A key rule under the CAP Code is that if the content is controlled by the marketer, not the vlogger, and is written in exchange for payment (which could be a monetary payment or free items) then it is an advertisement feature and must be labelled as such (rule 2.4).

It is also important to remember that consumer protection legislation may range wider than activities which fall within the remit of the CAP Code, and require vloggers and brands to disclose commercial relationships in a wider arena than the ASA (see Scenarios 7 and 8 below). The Competition and Markets Authority (CMA) has produced a 60 Second Summary regarding online endorsements here.

This article gives a non-exhaustive list of scenarios where vloggers and brands might work together and potential approaches to making clear that a vlog is a marketing communication. It is not intended to cover every eventuality and it is not intended to create new principles. We have detailed guidance on the principles behind the rules which we are applying to the scenarios below so if you want to understand why we are giving specific advice please click on the hyperlinks for more information. For an explanation of the principles of “payment and control” please see this guidance.

1. Online marketing by a brand

This scenario is where a brand collaborates with a vlogger and makes a video blog (“vlog”) about the brand and/or its products and this video is uploaded to the brand’s own channels and then shared by the brand on their own social media channels.

This is very likely to be a marketing communication covered by the CAP Code and because it’s being shared by the brand, it’s likely to be clear from the context that it is a marketing communication. This means that it’s unlikely that a specific label such as “ad” will be necessary.

When shared in this way by a brand this vlog is a marketing communication (covered by the Code’s general online remit) but it isn’t an “advertorial”.

However, if the vlog is similar to the vlogger's usual content, but the content is controlled by the brand and the vlogger has been paid (not necessarily with money), and the vlogger publishes it within their own space, the vlog is an advertorial (see scenario 2).

2. "Advertorial" vlogs

In this instance, the whole video is in the usual style of the vlogger but the content is controlled by the brand and the vlogger has been paid (not necessarily with money). Because there is payment and control by the brand, this is an advertorial and needs to be labelled upfront so that viewers are aware and understand that it is an advertorial before engaging. Responsibility for making clear to viewers it’s an advertorial comes from rule 2.4 and falls to the vlogger as “publisher” and the brand as “marketer”. The brand is responsible for claims made about the product.

The CAP Code specifically refers to “advertisement feature” as an appropriate label. The ASA hasn’t ruled on what would be an appropriate label for vlogs but “ad”, “ad feature”, “advertorial” or similar are very likely to be acceptable. You can always contact Copy Advice to discuss a label you’re considering.

We would advise against using the label “sponsored” in this context because this could cause confusion for consumers who could understand it to refer to vlogs and videos where a brand has sponsored it but had no control of the content (see scenario 7 below). For the same reason we would advise against labels such as “Supported by”, “ Funded by” and “Thanks to X for making this possible” in this context.

In terms of where you should place an ‘advertorial’ label, we would advise against relying on the description box below the vlog although including information in the description box is likely to be helpful. Currently, description boxes are not immediately visible when viewing the site through a tablet, mobile browser or app, nor are they available when selecting a video from playlists, lists of related videos, lists of videos on a vlogger’s channel page, or emails alerting subscribers to new videos. The label needs to be visible regardless of the device used so including an appropriate label early in the title of the vlog or using an appropriate label in the thumbnail are likely to be ways of ensuring that viewers know that the vlog is an advertorial before engaging with it.

For more information see the guidance on Video blogs: Advertisement features.

3. Commercial breaks within vlogs

In this scenario most of the vlog is editorial material that contains independent, non-paid for opinion, with a specific section dedicated to the promotion of a product.

Including a label or statement in the title of the vlog is unnecessary; we would advise against labelling the whole vlog as an ad when the surrounding material is independent editorial. However, it needs to be clear when watching the vlog when the advertisement starts. This could potentially be done in a variety of ways, for example: onscreen text stating “ad”, “ad feature”, holding up a sign, incorporating the brand’s logo, or by the vlogger simply explaining that they’ve been paid to talk about the product.

Although we wouldn’t advise it’s necessary, vloggers could also consider putting something in the description box such as “this video includes advertising for specific products which is indicated by […]”, especially where they haven’t been involved with brands before.

4. Product placement

In this scenario the independent editorial content also features a commercial message. A product might be used as a ‘prop’ along with messages that have been controlled by the advertiser within a vlog that is largely editorial. For example a vlogger might create:

- a computer game “play-through” video and is paid to feature a specific laptop by a brand. Everything that is said regarding the game is editorial but the comments regarding the laptop are not, or

- a make-up tutorial where the vlogger features a specific set of brushes. 

It’s unlikely that a clarification note in the video title would be required, but the commercial message should be clear. As with scenario 3, this can be done in a number of ways depending on the vlogger’s style: onscreen text stating “ad”, “product placement”, holding up a sign, or the vlogger explaining that they’ve been paid to talk about the product. For example a beauty vlogger might say something like “In this tutorial I’m using brushes from Brand X, who paid for me to feature them and want you to know about…”.

Again, we wouldn’t advise it’s necessary, but vloggers could also consider putting something in the description box such as “this video includes product placement which is indicated by […]”, especially where they haven’t been involved with brands before.

5. A vlogger’s video about their own product

This is where the sole content of a vlog is a promotion of the vlogger’s own merchandise. Although not an advertorial, this is still a marketing communication so the vlogger will need to ensure that their viewers are aware of this before selecting it. The vlogger is responsible for claims made about the product.

The video title should make clear that the video is promoting the vlogger’s products. However, because it’s a very different situation to third-party endorsement and is not advertorial, we would expect that it’s likely that a title such as “I’m excited about my promotional/book/album tour”, “new product news” or “Let me show you how to use my new make-up line” would be sufficient.

6. Editorial video referring to vlogger’s products

This is unlikely to need any form of labelling if the fact it is a marketing communication will be clear within the context. For example, during an otherwise editorial video a gaming vlogger may say “I’m currently using the new headphones I’ve just released; you can purchase them through the link below”.

We wouldn’t advise it’s necessary but vloggers could also consider putting something in the description box such as “this video includes advertising for my new […]”, especially where they haven’t advertised to their followers before.

7. Sponsorship

A brand sponsors a vlogger to create a video but has no control of the content. Sponsorship is not covered by the CAP Code, and because there is no control by the brand, the CAP Code would not require the vlog to be labelled as an advertorial. From a practical perspective, these videos are likely to have a nod to the sponsorship so viewers know who the sponsor is! Vloggers and brands should be mindful that the CMA would expect a vlogger to disclose the nature of their commercial relationship with a brand in order to comply with consumer protection legislation, but we would expect it’s likely that having a nod to the sponsorship would meet those expectations.

8. Free items

A brand sends a vlogger items for free without any control of the content (or any conditions attached) and the vlogger may or may not choose to include the item(s) in a vlog. This sort of PR activity is not covered by the CAP Code; because there is no control, the video would not need to be labelled as an advertorial.

If a vlogger accepts an item sent by a brand on the simple condition that it is reviewed (positively or negatively), without the brand exercising any control over the review, that vlog is unlikely to be covered by the CAP Code. However, in order to comply with consumer protection legislation, we understand that the CMA would expect brands and vloggers to tell consumers if an item was given on the condition that it is talked about. In general, the CMA considers that consumers need to know whether a vlogger has an incentive (financial or otherwise) to talk about a product, and if so what that incentive is.

Getting Twitchy

Fenby Miskin

YouTube just launched YouTube Gaming on the webAndroid and iOS. As expected, YouTube Gaming goes head-to-head against Twitch, mirroring many popular features of the existing gaming streaming giant.

We played with the Android app before the launch, and here’s how it works. When you open the app, you are presented with a search bar at the top, a few featured channels and a feed of the most popular channels. The current featured channels don’t focus on esports like most Twitch channels. Right now, you can find a 12-hour stream of NBA 2K15, and official stream of Metal Gear Solid V, a speed run of Until Dawn and an Eve Online live show.

The app also features to other tabs, a “Games” tab and a “Channels” tab. When you browse by game, you can see the trending games and popular games — the latter selection is one of Twitch’s most popular feature as Twitch’s homepage features a grid of the most popular games right now. It’s a great way to know if there is a big event or competition happening for a particular game. You can favorite games and add them to your games at the top of this list.

In the last tab, you can find a list of featured channels divided in two. The first half features current live channels ordered by number of subscribers, while the second half features a list of offline channels ordered by subscribers as well. Similarly, you can favorite a channel to add it to the top of the list. This way, you know in just a few seconds if your favorite streamer is live.

Interestingly, it looks like many popular traditional YouTube channels are now YouTube Gaming channels as well, such as Machinima. And this is key to understanding YouTube’s advantage in the streaming game. YouTube is already a popular video site for gaming videos. These popular YouTubers can seamlessly become popular live streamers and take advantage of their existing audience.

When you select a channel, you get a live video and a chat. There’s nothing ground breaking in the video screen, but YouTube provides a better live streaming experience as you can pause a live stream and timeshift.

The interface is very similar on the web. Instead of having three main tabs, you get two popover menus on the left and on the right, with trending games on the left and trending channels on the right. If you go on a game page, you can also find popular YouTube videos. The company is taking advantage of its huge backlog of gaming videos, and this is smart.

In the end, it all comes down to content. If YouTube can convince Riot to stream its League of Legends competitions on YouTube Gaming instead of Twitch, it could make millions of people tune in YouTube Gaming overnight. Counter Strike: Global Offensive, Hearthstone and Dota 2 are going to be important games as well.

These competitions boost Twitch’s incredible long tail. When there isn’t any competition, hundreds of thousands of people are still watching streamers. For many people, game streaming means Twitch — if they want to watch something, they browse Twitch.

YouTube has definitely put a lot of resources into this launch with a service already available on the three main platforms. We will see whether old habits die hard, but YouTube Gaming looks like a heavyweight and Twitch’s most serious competitor to date.

The Most Famous Voice in the World

Fenby Miskin

Software created by Intel was instrumental in giving Stephen Hawking a voice. Now, the company has released this same software under a free software license.

The development of the platform, called ACAT for “assistive context-aware toolkit,” was detailed in a WIRED story earlier this year. It’s a system that makes computers more accessible to people with disabilities. And now that the source code for this toolkit is open, it means you can build a system very similar to the one Professor Hawking uses to input text, send commands to applications, and communicate with the world.

So why aren’t you? Well, there are a few things you should be aware of before you go ahead and download ACAT. For starters, it’s PC-only. You will need a PC running at least Windows XP—and there are no plans to bring ACAT to Macs. Sorry, Apple users everywhere.

If you have a PC, though, the rest of the hardware requirements are pretty easy to meet. ACAT uses visual cues in the user’s face to understand commands—in the case of Professor Hawking, who has ALS, it tracks the movements of his cheek muscle. To use it, your computer simply needs to have a webcam. However, for users who might want or need more from ACAT, there are possibilities for other types of input down the road.

“We have been busy building different sensors and trying this out with patients,” says Intel principal engineer Lama Nachman, who leads the Anticipatory Computer Lab at the company. Nachman says this experimenting includes proximity sensors, accelerometer-based sensors, and Intel’s RealSense 3D camera. So if you have any of those things, then ACAT could become vastly more interesting in the future.

Of course, ACAT isn’t really meant for the average user to download and play with—at least, not yet.

“The goal of open sourcing this is to enable developers to create solutions in the assistive space with ease, and have them leverage what we have invested years of effort in,” says Nachman. “Our vision is to enable any developer or researcher who can bring in value in sensing, UI, word prediction, context awareness, etc. to build on top of this, and not have to reinvent the wheel since it is a large effort to do this.”

Nachman says Intel has sent some end users detailed instructions on setting up ACAT as well as how to use it, and the team is also working with some patients on testing it out. Soon, they’ll be partnering with universities on experimenting with the system. It’s clear that ACAT is for developers and the academic community, at least for now. While you certainly can go to Github and download it, Intel isn’t catering to everyone here. However, early accountsmake it seem as if it’s fairly easy to install ACAT. You’ll want to check out the user guide, of course, but then you’re free to install, boot it up, and start letting your computer read your face and type for you.

Article for Wired Magazine by Molly McHugh

Kodak Prints Local

Fenby Miskin

Paul Carter, managing director of the Jersey Evening Post (left), with Jack Knadjian, managing director of Kodak Print Services

Paul Carter, managing director of the Jersey Evening Post (left), with Jack Knadjian, managing director of Kodak Print Services

National newspapers for the Channel Islands are to be printed in Jersey from the new year.

A new digital printing operation will create 24 new jobs and will print all of the national newspapers, with the exception of the Financial Times, for both Jersey and Guernsey, from January.

It will mean that the delivery of daily and weekend national newspapers will no longer be flown into islands or be delayed due to bad weather.

Guernsey’s national newspapers will be shipped from Jersey early every morning.

KP Services (Jersey) Ltd, the new company behind the venture, has been formed by Kodak Ltd and the Guiton Group, publishers of the Jersey Evening Post.

It will also be responsible for printing newspaper supplements, personalised mailers, other commercial printing material and, more significantly, the Jersey Evening Post.

The new press means that the JEP can be printed in full colour, throughout, for the first time in its 125-year history.

The company, in partnership with Kodak, is investing in the new-generation digital printing press, and its operation at Rue des Prés Trading Estate will put Jersey at the global forefront of this type of technology.

Jack Knadjian, managing director for KP Services (Jersey) Ltd, said: ‘In today’s printing environment, businesses are investing in technologies that are complementing long-established production methods, which will enable them to lead newspaper printing into the future.

‘We have pioneered inkjet printing for newspapers and are ready to show the world the next generation of our inkjet presses with Kodak Stream Inkjet Technology, which provides both speed and quality.

RGB Atlas

Fenby Miskin

Tauba Auerbach’s RGB Colorspace Atlas Depicts Every Color Imaginable

Digital offset print on paper, case bound book, airbrushed cloth cover and page edges
8 x 8 x 8 inches (20.3 x 20.3 x 20.3 cm.) Binding co-designed by Daniel E. Kelm and Tauba Auerbach. The books were bound by Daniel E. Kelm assisted by Leah Hughes at the Wide Awake Garage.

Top 50 Inde Films

Fenby Miskin

1. Reservoir Dogs

Some will bleat that this is an easy, obvious choice, while others will say, well, pretty much the same, but nominate differently. Our criteria for deciding the films were: firstly, the circumstances and spirit in which they were made, second, the quality of the result and, finally, its mark on the movie world. This is how Reservoir Dogs gained consensus as the winner. Consider firstly the film's creation: script written in two weeks while the author was in a dead-end day job, it barely changed from first draft to shooting script, and attracted attention by word of mouth. It garnered rave reviews, but Dogs' box office performance wasn't great - again, it had to wait for word of mouth. Most importantly, the magnitude of effect this one film has had on indie culture in the last 13 years is, to say the least, overwhelming. The fact is that more than one generation has had their eyes opened to the long-snubbed world of movie-making's outsiders, be it American mavericks, foreign actioners, or just plain old B-pictures. If it wasn't for Dogs, Hong Kong action cinema would still be a lot more marginal than it is today, and nobody would likely have got around to transferring blaxploitation titles onto DVD yet. You only have to look through the homages and ripoffs that have abounded - how many more films have suited gunmen, feature heists gone wrong, have people talking about pop culture, or 'boast' a fractured narrative? Love or hate it, Reservoir Dogs is the greatest independent movie ever made.

2. Donnie Darko

Was Donnie schizophrenic? Is he, in fact, a supernaturally empowered avatar chosen by unknown forces? Did any of the film's events even happen? Such are the questions that sent people running to the pub to debate just what the hell Kelly had in mind when he wrote this story. That of a teenager who's warned about the end of the world by a six foot, talking rabbit after a jet engine falls on his house. Part supernatural chiller, part '80s teen drama and part philosophical musing on wormhole theory and the transience of human existence.

Donnie Darko is not a film that lends itself to easy categorisation and, unwilling to compromise his convoluted vision for studio palates, 27-year-old writer/director Richard Kelly almost had to launch his debut on cable television. Luckily, though, this exquisite slice of sci-fi surrealism was rescued from the precipice of DTV and went on to become a cult hit while simultaneously placing Jake Gyllenhaal on the road to stardom.

A bizarre concoction it undoubtedly is but Donnie Darko raised the bar for independent thinking and reinvented the teen genre for the new Millennium. Utter genius.


3. The Terminator

Its studio-friendly sequels and slick '80s action sequences may make this appear part of the Hollywood establishment, but look a little more closely. Behind the impressive effects you'll see an untried director, an obscure leading man and a (relatively) shoestring budget - in fact, all the hallmarks of an indie movie.

If you want an example of independent spirit, there's no finer example than the man behind The Terminator's apocalyptic vision. A nobody on the verge of being fired from his job on a silly horror flick about piranhas, James Cameron was fired up by a vivid nightmare he had one night about an unstoppable metal assassin. Hastily scribbling a screenplay and assembling a crew, he threw himself body and soul into the shoot, creating a whole new genre of techno-noir along the way. That the Terminator spawned one of the biggest sequels ever is testament to what a high concept and assured execution can do. Of course, it helps to have a healthy dose of iconic lines and, in Arnold Schwarzenegger, an unstoppable machine from the future - sorry, Austria - poised on the very brink of superstardom.

To view remaining films visit Empire's ultimate Inde Lineup

Periscope and Meerkat

Fenby Miskin

What do Periscope and Meerkat mean for broadcasting copyright?

The Premier League is joined by other sports leagues such as the NBA, MLB and NFL in being wary of the march of the live-streaming apps.

Watching the footie via a stranger Periscoping their telly might well be the future. Photograph: Alamy

Watching the footie via a stranger Periscoping their telly might well be the future. Photograph: Alamy

Anyone with a smartphone, the internet and an app can now broadcast live video to the world. But, while great for users is it a nightmare for content rights holders?

Live video streaming is nothing new – services have been around since the early 2000s – but Meerkat and Periscope have made it easier to broadcast our lives on the go and shifted the appeal near to the mainstream. Ever since they launched, however, speculation has followed over the potential legal liability for content delivered on their platforms.

These live streaming apps let users simply point their smartphones at whatever is happening in front of them, whether they own the rights or not, and broadcast it to a potential audience of hundreds of thousands now, millions in the future.

Users Periscoping the royal birth. Photograph: Chris Jackson/Getty Images

Users Periscoping the royal birth. Photograph: Chris Jackson/Getty Images

Concern has been raised, in particular, over large right holders such as sports broadcasters and Hollywood studios suing Periscope for users who film content direct from TV or events via their smartphone.

Periscope was bought by Twitter in January this year for an undisclosed sum thought to be slightly less than $100m. Given Twitter has a market cap of over $24bn, and most of Periscope’s competitors are not much more than startups, it is Periscope that makes the most potentially lucrative target.

How live is ‘live’?

The key difference between services such as Google’s YouTube and the newer live-streaming apps is the live element. YouTube, for instance, automatically scans for copyrighted content in new uploads using Google’s “Content ID” system, while providing notification and takedown schemes under the US Digital Millennium Copyright Act (DMCA).

Twitter has had practice with similar issues with Vine. The looping video service drew the attention of the Premier League in the UK, which worked with the social network to develop an effective notification of infringement and takedown system. That same system could insulate Periscope.

“Twitter, Meerkat or any other company hosting live streams from users [are] not in breach of copyright in the UK or US just because a user starts streaming copyrighted content such as a football match [by] pointing their phone at a TV broadcast,” explained Julian Moore, a head of broadcast and media rights with Pinsent Masons global sport practice. “They are only in breach if they effectively turn a blind eye to the stream, if they are made aware of it and don’t take measures to remove it.”

Periscope’s terms of service specifically prohibit the broadcasting of copyrighted content without permission.

A Periscope spokesperson told the Guardian: “Periscope operates in compliance with the DMCA, we respect intellectual property rights and are working to ensure there are robust tools in place to respond expeditiously.”

Due to its live nature, it is unlikely to attract the ire of Hollywood – more concerned will be broadcasters of live events such as sports where their value is inherent to their timeliness.

TV companies the world over pay exorbitant amounts for the rights to broadcast sporting events. Any attempt to circumvent of those rights is seen in a very dim light.

The National Hockey League, which governs ice hockey in the US, has already specifically banned both Meerkat and Periscope including any live streaming up to 30 minutes before face off. The US Open golf tournament has taken similar steps.

The MLB, however, has said it won’t stop fans using Periscope and Meerkat at games.

Meanwhile the NBA and NFL have policies that restrict both reporters and fans live broadcasting footage of the game, the players or backstage action stamped on the back of press passes and tickets. Given broadcasters pay $4.95bn a year for the rights to the NFL alone there is certainly an emphasis from the sports leagues to protect that lucrative revenue stream.

One place leagues and sports can’t stop users directly is in the home.

The Mayweather-Pacquiao fight was one of the biggest pay-per-view events in history. Photograph: UPI /Landov / Barcroft Media/UPI /Landov / Barcroft Media

The Mayweather-Pacquiao fight was one of the biggest pay-per-view events in history. Photograph: UPI /Landov / Barcroft Media/UPI /Landov / Barcroft Media

After seeing Periscope users broadcast the Game of Thrones season five premiere from their screens, HBO then saw an estimated 10,000 people watching the Mayweather-Pacquiao fight via Periscope without paying.

People who had paid their $100 for the pay-per-view event were streaming it straight from their TVs for others to watch. And while Twitter took down streams within minutes of being notified – it received 66 takedown requests and removed 30 streams, the company said – others cropped up in their stead.

“Piracy does not excite us. Trust me, we respect intellectual property rights and had many people working hard to be responsive last night, including myself,” Periscope’s chief executive Kayvon Beykpour said after the fight.

Sports leagues across America are watching the evolution of Periscope and its ilk closely, but seemingly no one wants to be the first to either ink deals with the new service or take action.

“Besides protecting the broadcasting rights, most sports leagues want to make sure a service like Periscope isn’t building up its business on the back of their content,” said a national American sports league executive with direct knowledge of the matter. “Once they become established, who knows, maybe we’ll do a deal with them. Everybody’s waiting to see how everybody else reacts.”

In the UK, any big rights battle is expected to be over Premier League football. Sky and BT paid £3bn between 2013 and 2016 for the rights to live games and have forked out a further £5.1bn for live games between 2016 and 2017. News International also owns the rights for clips of key moments worth £20m for three years, while the BBC owns the rights to highlights costing £180m until 2016 and a further £204m until 2019.

However, the Premier League is purposefully quiet on copyright infringement, taking the view that they don’t want to treat fans like pirate enemies (something they have been accused of in the past), and have been working with third-parties including Net Result, Irdeto and ID Inquiries to shut down persistent and commercial copyright offenders.

“The Premier League already works with Twitter over Vines, which are frequently used by users to show goals and key moments from games without permission. We work closely with Twitter and ISPs to take down pirated content as well as advising users that it is illegal to post such content,” said a Premier League spokesman. “Last season we successfully blocked 45,000 streams that were illegally showing Premier League footage, and successfully took legal action against certain websites, both in the English and overseas courts.”

For now Periscope – and Meerkat – is in the clear. Whether that changes when the next NFL and Premier League seasons kick off remains to be seen.

Original article appeared in The Guardian by Samuel Gibbs , Julia Powles and Sam Thielman