Fietkiewicz (2020)

Source Details

Fietkiewicz (2020)
Title:	The Law of Live Streaming: A Systematic Literature Review and Analysis of German Legal Framework
Author(s):	Fietkiewicz, K.J.
Year:	2020
Citation:	Fietkiewicz K.J. (2020) The Law of Live Streaming: A Systematic Literature Review and Analysis of German Legal Framework. In: Meiselwitz G. (eds) Social Computing and Social Media. Design, Ethics, User Behavior, and Social Network Analysis. HCII 2020. Lecture Notes in Computer Science, vol 12194. Springer, Cham. pp. 227-242
Link(s):	Definitive , Open Access
Key Related Studies:	Leeb (2020)
Discipline:	A1: General Economics K10: General L82: Entertainment • Media L83: Sports • Gambling • Restaurants • Recreation • Tourism L86: Information and Internet Services • Computer Software O33: Technological Change: Choices and Consequences • Diffusion Processes O34: Intellectual Property and Intellectual Capital
Linked by:

About the Data
Data Description:	The study contains data from: • Three scientific databases: Scopus, Web of Sciences and Google Scholar collected on December 19th, 2019, initially using “live streaming services” and “law” as keywords. In the first round, for the screening, only articles in English and German were analysed. Articles with no legal discussions and that focus on P2P technology were excluded. For quality purposes, only studies from journal articles, conference proceedings, books and book chapters were considered. For the second round, references from selected studies were analysed, following the same criteria of the first round of the research. At the end of the process, twenty-two studies were selected. • German legal database. Legal literature and other resources were extract from this database in order to assist in the review of German legal framework applicable to social live streaming. • TK Games
Data Type:	Secondary data
Secondary Data Sources:	While Scopus Google Scholar German Legal Database "beck-online" Clarivate Web of Science
Data Collection Methods:	Qualitative Collection Methods Qualitative content/text mining
Data Analysis Methods:	Qualitative Analysis Methods Legal Analysis
Industry(ies):	Creative, arts and entertainment Programming and broadcasting Software publishing (including video games)
Country(ies):	Germany
Cross Country Study?:	No
Comparative Study?:	No
Literature review?:	Yes
Government or policy study?:	No
Time Period(s) of Collection:	2011-2019 2020
Funder(s):

Abstract

“With evolved streaming technologies and faster mobile broadband, more and more live streaming platforms emerge online and become very popular among the users. From general platforms for streaming everyday life (e.g.,YouNow) or reporting on news events (e.g., Periscope), through platforms for streaming video games (e.g., Twitch) or certain artistic performances (e.g., Picarto), the range of the services became very wide. As in most social media domains and with new developments on the digital market, the question arises whether the new trends also bear new challenges and issues of legal or ethical nature. This study is a systematic literature review of international scientific research on live streaming and potential legal problems (N = 22) conducted in order to pursue this question. It also entails a short review of legal issues with live streaming in Germany, a country with relatively strict consumer laws (e.g., data privacy) as well as first laws aiming at getting better control over the social media companies and users (e.g., Network Enforcement Act). The most prevalent legal domain within research on live streaming are copyright and sports broadcasting laws. The still understudied areas appear to be privacy, personality rights, and youth protection regulations. The most prominent issue within German legal discourse is the classification of live streaming as a telemedia offer or a broadcast, the second one entailing more restrictions and requirements (e.g., a broadcasting license).”

Main Results of the Study

• Analysing and classifying the studies by legal area and context of investigation, it was observed that the predominant legal area in studies involving live streaming is copyright law, followed by broadcasting and data privacy laws, and the main context of investigation is technology (detection systems), followed by E-sports (video games) and Sports broadcasting. In this case, the author concluded that there is a biggest concern on the commercial aspect of live streaming, with regulation and law enforcement being considered important factors to ensure more financial gains. In this context, she highlighted the importance of greater attention on topics related to child abuse detection and control of development-impairing content, taking into account the vulnerability of the younger generation of Internet users. • Particularly in relation to Germany, the study found that broadcasting law, and not copyright law, was the most prominent legal area involving live streaming. In this case, the main question is related to the application of the same regulations created for terrestrial broadcasting (e.g., broadcasting license) to Internet Services Providers, including streamers. Besides that, the study also mentioned other legal areas discussed in the literature or in courts’ debate, such as “copyrights of the video games publishers (e-sports)”; “liability questions in case of re-streams of sports broadcast; and “re-streaming of broadcast”, among others. In her analysis, the author pointed that in her research she did not find any discussions involving the “Interstate Media Treaty”, a new media regulation, which was scheduled to be voted in the spring of 2020. Therefore, she argued that future research should focus on the suitability and impact of this new regulation.

Policy Implications as Stated By Author

The study does not make any specific policy recommendations

Coverage of Study

Coverage of Fundamental Issues

Issue	Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

Coverage of Evidence Based Policies

Issue	Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

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