LAW 563

CYBER CRIMES AND PORNOGRAPHY – EMERGING

TRENDS

Submitted to: Sunil Kumar

Submitted by: Pooja Rani

Section 1601
 INDEX

1. INTRODUCTION

2. DEFINTION

3. PROTECTION OF VIRAL VIDEOS

4. REASON FOR VIRAL

5. ADVANTAGES

6. DISADVANTAGES

7. CONCLUSION
INTRODUCTION
A lot of people  would kill to understand what the “secret formula” could be to going viral
online. Going viral means to make content that's shared exponentially on the web .

In reality, nobody knows the secret formula. And that’s sort of the beauty of online virality. Most
things actually go viral by accident. Very few people have mastered the art of creating viral
content on purpose, and those that have are paid lots of money to do it for businesses that need
that kind of exposure.

If you’re active on social media, you’re bound to come across a piece of viral content at some
point that’s been shared with your friends or followers and continues to be shared over and over.

DEFINITION

Viral comes from the word “virus,” which is a medical term used to describe a small infectious
agent that can infect all types of organisms. It's also a computer term.

On the internet, however, a piece of content can spread just like a virus if people become
“infected” when they see it. The infection usually comes from evoked emotions that spur the
viewer to share it, so they can relate with other people and discuss how they feel.

Examples of viral phenomena in addition to memes are:

 Virality relating to network culture [2]

 Viral marketing
 Viral Change (creating behavioral change in business through social networks)
 Viral video
 Chain letters
 Viral email
 Viral licenses (such as the GNU General Public License)
 Clothing fashion trends

CLASSIFICATION OF VIRAL VIDEOS

Viral videos are often an enigma when it comes to intellectual property, as they are often shot
accidentally or without any creative intent. As opposed to a novel, sculpture, or software code,
viral videos also tend to implicate other people or the property of others, or are shot without the
subjects’ awareness or knowledge. Hence, the first foundational question to ask when discussing
viral video property rights is: “Who actually owns the video?”
When a person simply shoots a video and saves it to their device, they continue to retain
complete ownership of that video—much like a photographer shooting a scene and saving it in
his camera for later. The confusion sets in, however, when the video’s owner opts to upload the
content to a service like YouTube, Vimeo, or similar video-sharing site—as this decision tends to
invoke the (possibly) unknowing consent to complex licensing agreements. More often than not,
these licensing agreements are rife with legalese and user-unfriendly language, perhaps drafted
to dissuade video owners from initiating any kind of copyright or infringement lawsuit against
the site or its affiliates

PROTECTION FROM VIRAL VIDEO

As a digital video grows more popular, it may be time to consider copyrighting the material to
protect against unlawful duplication. Generally, copyright laws apply to any “original works of
authorship” as defined in the Copyright Act of 1976. There are a broad array of genres that fall
within the spectrum of the Copyright Act, including video creations—even if unstaged or created
accidentally. By securing a copyright on the material, the viral video creator protects their work
from someone doing any of the following:

 Reproducing the content

 Preparing derivative works
 Performing or displaying the works publicly
 Re-posting the content without proper attribution to the creator
A digital video creator’s copyrights are technically vested the moment the video comes into
being. In other words, US copyright laws will protect a creator from unlawful infringement even
if no “official” steps are taken to protect the work. However, without much more to go on, it is
often the creator’s word versus that of the alleged infringer, creating a difficult scenario for the
court to unravel.
Consequently, it is generally considered good practice to place a notice of copyright somewhere
on the video to alert others that the content is the original work of the creator, which will help
place the presumption of copyright on the creator. The infringer must then overcome this burden
by showing facts to the contrary (for example, that he or she actually created the material first).

Licensing agreements
In all likelihood a viral video owner does not relinquish ownership rights by uploading their
content to YouTube, Facebook, or any other social media or file-sharing platform. By contrast,
the user probably—unwittingly—agrees to a complex licensing agreement granting the site most
(if not all) of the following rights:

 Full licensing rights to the content for a perpetual amount of time;

 The right to sub-license and/or share the content with other websites;
 The right to re-distribute the content;
 The right to profit from viewership of the video.
Presumably—unless the user agreement states otherwise—the licensing rights described
above terminate upon the user/owner’s decision to remove the content from the site.
AN INTERESTING CASE
The courts have yet to catch up to the legal issues that can spawn from a viral video intellectual
property issue. However, one recent case sheds some light on how the courts might react in a
legal challenge—particularly given the oft-invoked “fair use” exception to traditional and
modern copyright laws.

In November 2014, YouTube content creator Ray William Johnson of “Equals Three Studios”
initiated a lawsuit against the viral video company Jukin Media. Johnson initiated the lawsuit
after Jukin launched several “takedown notices” against Johnson—primarily due to Jukin’s
assertions that Johnson had stolen its material for use in an aggregate viral video comedy series,
which actually satirized some of Jukin’s material. In the lawsuit, Johnson asserted that he could
use the videos under the “fair use” doctrine, which is a copyright exception that allows
duplication under certain limited circumstances (including for commentary or transformative
purposes). By contrast, Jukin asserted that Johnson was profiting from the posts and was in clear
violation of copyright laws.

In the end, the court found that 18 of the 19 videos in question were “admittedly commercial,”
but also a clear parody (in other words, commentary) of the original work— and therefore
covered under the fair use doctrine. In sum, the court’s holding carved a potentially generous
loophole within the viral video context, allowing others to “comment on” or parody an original
piece—for profit—without worry of violating the original creator’s copyrights. While this
holding is limited within a California district court, content creators nationwide are assuredly
hoping this standard does not go “viral” itself.

HOW VIDEO VIRAL

ADVANTAGES

AFFORDABLE

Creating a viral video does not require that you invest in state of the art video equipment or fly to
exotic locations to shoot the video. Viral videos are cost effective. In fact, some of the viral
videos on the internet were simply shot from a Smartphone and uploaded on YouTube. Shooting
viral videos is cost effective as compared to videos shot for TV commercials or infomercials.
With a less than $500 budget, you can shoot a video detailing what your brand is all about and
enjoy the benefits that come with it when it goes viral.

GREAT FOR BRANDING

A viral video is a compelling way through which you can get information about your brand,
product and services you are selling in a dramatic and funny way. It’s what keeps people hooked
to it. Viral videos tend to have an element that people like and which they can identify with.
They not only pass across the information you need to but are also funny and keep your audience
entertained.

SHARABLE

One of the most profound benefits of viral videos is that they are freely transmitted by your
audience hence ensuring that information you want to pass across reaches as many people as
possible. Of course, this is good news for your business and could wondrously change its
fortunes. People share viral videos on social media and talk about it endlessly hence working to
the benefit of your business.

MADE FOR A SPECIFIC AUDIENCE

If you look at many infomercials, they are not only generic but also seem oblivious of the
audience they are trying to target. The same cannot be said of viral videos as they are always
created with a specific audience in mind. Viral videos are specific, funny, factual and
entertaining in every aspect. They are created with a specific audience in mind which if
successful, hits the right cord for your business and could see you enjoy immense success.

ENTERTAINMENT VALUE

Ever seen a viral video that is not entertaining? Viral videos spread far and wide because of their
entertainment value. They not only pass across information you seek to pass but also provide
your audience with something to be excited about. It’s the excitement that a viral video generates
that makes it viral in the first place.

 LOWER ADVERTISING COSTS

While initially your campaign may need a little push (perhaps paid promotion on social media), as
it begins to get picked up by your audience, they will do the sharing for you and you can pull back
on your advertising expense.

Furthermore, your future initiatives are more likely to naturally reach  larger audience thanks to
the brand awareness established during your viral campaign. 

SUCCESS IN BUSINESS RARELY HAPPENS QUICKLY

Even the cases that look like overnight successes usually turn out to be a 10-year struggles where
the founders hustled through many failed attempts until finally getting it right.

That said, viral marketing is one of very few tactics that has the potential to create explosive
growth in very little time.

This is obviously the most appealing advantage to business owners, but it's also the most difficult
one to accomplish.  

MAINSTREAM MEDIA EXPOSURE

As inbound markters, we'll usually say that you don't need mainstream media to build awareness,
but no one can deny the power and audience is still holds. 

Viral marketing, when done correctly, gives media outlets a reason to cover your brand without
you paying or petitioning for it.

The beautiful part about getting mainstream media coverage is that in itself creates virality
as smaller media outlets follow the stories pushed by the big names. Just imagine what a feature on
NBC or ABC could do for your product.

 INCREASED CREDIBILITY

The simple fact of the matter is usually with recognition, comes trust and acceptance. 
When your brand "goes viral" and grabs the attention of a new audience, more people are willing
to give it a chance. Think of Dollar Shave Club and how many people were suddenly willing to
give new razors a try after its viral video. 

RAPID LEAD GENERATION

Although we usually focus on the sales that result from viral marketing, we can't ignore the fact
that going viral has a tremendous impact on lead generation.

People always gravitate to trending topics. Everyone might not be ready to purchase from you just
yet, but when you attract enough attention, they certainly want to keep you in mind for when they
are ready.

Realistically, you're likely to generate more leads than customers from viral marketing if you're a
B2B brand or you're a service-based business, but it is well worth the the effort.  

1.Viral marketing allows you to reach out to potential customers that may not otherwise hear
your brand message. This allows you to potentially enter new markets or target new
demographics, expanding the total number of available prospects. It’s a marketing chain that
eventually leads to the potential of higher revenues.

.The amount of money that gets saved is ridiculous.

Viral marketing allows you to rely on your customers and prospects to keep your marketing
message going. It’s a positive experience, in general terms, because going viral requires an
expected emotion or reaction that people want to share with each other. You no longer need to
advertise to specific groups because they want to engage with your brand already.

It adds creativity to your marketing efforts.

Just because you put your work out online doesn’t mean it will go viral. You must be creative
and focus on the key points of your brand at the same time in order to stand out. This allows you
to find new ways to market your message, especially if you’ve been stuck in a rut. Even if your
marketing doesn’t go viral, you’ll still likely benefit from increased customer activity.

. You break through the white noise of modern marketing.

People today are exposed to hundreds of brand messages throughout the day. This creates an
effect on an individual which causes them to ignore most messages. With viral marketing, you’re
able to break through the clutter of all the information that is offered through daily marketing to
make a real impact on the consumer. This makes your brand message more effective.

. It takes pressure off of your product or service.

With viral marketing, you can create a buzz about a new product or service without needing to
produce a certain “wow” factor with what is being offered. You’re able to create a buzz through
your communication efforts instead, which takes the pressure off of your items to deliver.

. Viral marketing causes a different type of interruptive marketing.

Viral marketing uses a type of word-of-mouth marketing to deliver results in most instances.
This creates more of an endorsement than it does a traditional marketing outreach. Even if a
product is not necessarily liked, the fact that it is being recommended by a family member or a
friend means that it is having a positive impact.

You’re able to build an enhanced marketing list.

Even if a viral outreach effort doesn’t result in a sale, there is a good chance that it will help
you to build an enhanced marketing list. You may have more people sign up for your email
marketing. There will likely be more people liking your Facebook page or following your
Twitter or Instagram accounts. This allows you to create more future marketing opportunities
in addition to the increased likelihood of better revenues.

You can achieve a lot of growth.

Viral marketing allows you to get a huge surge of traffic in a short amount of time. When it is
done right, you can maintain those traffic levels and build up the reputation of your brand
more quickly than traditional marketing efforts would typically allow.

Viral marketing can offer instant credibility.

Since viral marketing often relies on the concept of a word-of-mouth endorsement, you’re
able to gain more credibility on an individualized level for a greater period of time. This
credibility then leads to a greater level of visibility, which then creates more opportunities to
convert prospects into paying customers.

You can take viral marketing offline.

 Because viral marketing is essentially a more complex method of word-of-mouth marketing,
it becomes possible to go viral offline too. All you need to do is get your key message points
consistent and have materials available to support certain claims within your message. This
allows you to target even more consumers with the one-on-one message that can be very
effective in attracting new prospects to your brand.

Viral marketing can build relationships.

Times may be changing, but people still prefer to do business with brands and companies that
they feel connectd to in some way. A Facebook like might be the equivalent of a handshake.
By building relationships, you’re able to build consumer loyalty, and that gives you the
opportunity for repeat business. There may still be vagueness in the message, but sometimes
that is what is required for a bond to begin forming.

CONS OF VIRAL VIDEO

1. Once viral marketing is unleashed, there is less overall control.

This means you do not control how people get to interact with your message. If there are
issues with the marketing campaign or it happens to go viral in a negative way, then this
can cause an immediate and sometimes irreparable event to your branding.

2. Not every interested individual will share your message.

Viral marketing requires you to target the right people in your demographics. There are
plenty of people who may be interested in what you have to say, but they won’t share
what you have to say with other people. If you don’t have contacts that are willing to start
sharing, the chances of your marketing efforts going viral are going to be quite low.

3. You must keep influencing your marketing message.

Many marketing efforts just require you to setup your initial message and then you can
broadcast. Because viral marketing is more engaging on an individualized level, you must
stay plugged into the message on a daily basis to limit the negative content that can
sometimes be generated.

4. It can be a waste of time.

 If your viral marketing efforts do not reach the intended audience, then you’ll have
wasted your time – and your money. Sometimes the best solution is to ignore viral
marketing for a more traditional outreach effort. You may find that your costs per
interaction may be a lot higher when making a viral marketing surge instead of a more
traditional campaign because of the uncertainties that are involved.

5. People can associate your marketing efforts with irritation.

Ever have a telemarketer call you when you’re trying to have dinner? Isn’t interruptive
marketing a bit irritating? That’s what viral marketing is. It becomes a nuisance because
people become exposed to your brand message around every corner. Even campaigns that
are initially attractive can become irritating after constant exposure. This means there is
an equal chance that your marketing message will be ignored or deleted.

6. Some potential customers may be turned off by viral marketing.

Viral marketing can happen two ways: organically or artificially. Organic viral marketing
creates an invitation. Artificial viral marketing feels a lot like spam to many people. If
your efforts are more of the latter, then you’re running the risk of some potential
customers turning away from your brand because they don’t like to do business with a
company that uses this type of marketing.

7. Viral marketing can be difficult to measure.

Marketing efforts must be measurable in order to determine the value that can be
obtained from it. Since viral marketing is always more of a hit or miss scenario, there is
no way to really tell what your ROI is going to be. Some campaigns may go viral right
away. Others may take several months to go viral. There are many that won’t go viral at
all. You must figure out some sort of metric to determine value before beginning so
you’re not left wondering if you made an impact.

8. Market nuances can change your results in unpredictable ways.

The world may be more global than ever before, but there are still cultural and societal
norms that are different for many. What may be a positive experience for some may be a
negative experience for others based solely on their environment. Nuances in
socioeconomic messages can change the results of viral marketing in unpredictable ways,
sometimes long after the message has been introduced.
The pros and cons of viral marketing show that it can be a positive, low-cost solution when it is
done right. It will always be a hit-or-miss proposition, but with meaningful metrics put into place
before beginning the campaign, you’ll be able to know if this is an investment that makes sense
for your brand.

CONCLUSION
Viral videos are, by definition, popular with the masses. For brands, then, finding the next viral
campaign can be the key to reaching new audiences and building stronger connections with the
existing clients. Better still, once you have established a name for creating great viral content, viewers
will actively wait in anticipation. 

There is no one set right or wrong way to handle viral video, and many of the most successful
campaigns are those that try something new. However, appreciating how and why audiences respond
to viral campaigns can only help. You now have an understanding of the digital history; now is the
time to create a brighter (if slightly strange) future!