NBC plus YouTube = Crazy Litigious

by Mathew on February 20, 2006 · View Comments

As an example of the kind of “viral marketing” that the Internet can achieve with very little effort, the so-called “Lazy Sunday” video from Saturday Night Live is about as good as it gets. In the clip, which was aired on December 17, comedians and show writers Chris Parnell and Andy Samberg perform a rap about how much they love cupcakes, and take a trip to see the movie The Chronicles of Narnia. The combination of the subject matter and the gangster-style rap made the video a huge hit over the Christmas holidays, to the point where it was downloaded more than five million times in just a couple of days.

What great advertising for NBC and the show Saturday Night Live, right? After all, the success of the video led to stories being written in the New York Times and elsewhere about both the writers and the show itself. So what did NBC do — send a cheque and a big thank-you to YouTube and other sites that helped to drive this Internet phenomenon? Er, no. They sent a letter from their solicitors, telling the site to remove the video or face legal action.

NBC’s argument, of course, is that this is a blatant copyright violation, and that viewers should be forced to go to NBC’s website to see the clip (where it can be watched free of charge) or to download it from iTunes for $1.99 (U.S.). Why? So that NBC can make money from it, obviously. What seems to have escaped the network’s mind is the fact that the video already aired on the program, and therefore has made as much revenue as any episode of the show normally does, not to mention the fact that the attention the video got could drive thousands more people to watch future shows. As usual, the network seems prepared to sacrifice all that free marketing for a little short-term profit. And that’s why it’s called “old” media.

Update:

I wish I could take credit for the headline on this post, which my friend Paul Kedrosky so kindly mentioned as part of the Chronicles of Narnia memewatch, but as it turns out Pete Cashmore of Mashable used it first. Nice job, Pete. I guess great minds think alike :-)

Update 2:

Paul Kedrosky points to a post at Data Mining that describes how NBC might have gotten things just right — let the video go viral and get lots of attention, then pull it back once the heat has subsided.

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  • http://paul.kedrosky.com Paul Kedrosky’s Infectious Greed

    “crazy *-ious”. The original, of course, was “crazy delicious” from the viral SNL video back in December. Now, however, we’ve seen “crazy del.icio.us” (me), “crazy digglicious” (me again), “crazy suspicious” (oh crap, that’s me again), and, finally,”crazy litigious” (Mr. Ingram), but I’m sure there are others. I hope there are, anyway. Comments: 4

  • http://www.makeyougohmm.com/20060221/2969/ Make You Go Hmm: » YouTube great example that Wild, Wild, Web still alive

    [...] What others are saying Eric Schonfeld is “… a bit surprised by this move.” He is in the camp that thinks the publicity was good for NBC. Nevermind the fact that nobody bothered to ask NBC for permission beforehand. Don Dodge, formerly VP of product development for the original Napster writes: “If YouTube can stay out of court, screen content appropriately, build its user base, and attract advertisers, they will have a very nice business.” Paul Kedrosky challenges Jason’s claim that a YouTube clone could be built in five days. In the comments Calacanis adds that five days for the basic structure, a month so it scales up to the 50TB/day of traffic that YouTube is pumping. Kent Newsome: “So these may or may not be real businesses, but just like “strange women lyin’ in ponds distributin’ swords is no basis for a system of government,” the possibility of a pirated file is no basis for deciding that something isn’t a real business.” Ben Barren: “YouTube is a business in the same way Skype is a business, in that it’s another cut into a large industry. It’s valuation as a business, assuming it keeps it’s growth rates up user wise, will depend on whether someone wants to punt on its commercialisation.” J. Botter: “Jason’s one of my heroes in the publishing business, and I’m going to have to back him up on this one. You Tube is nothing more than drug dealers making it easy for the masses to pirate video and audio and make it available across this spectrum.” Drug dealers? I’m not sure I’d go that far, but curious analogy. Venture Capitalist, Fred writes: “Let me break it down for you Jason. Youtube is as much a business as MySpace or Digg which you cite as real businesses in your post … I am rooting for them because I love the service as a consumer.” Om Malik: “I believe that the growing popularity of You Tube (and other online video sites… about 95 in total as per Mary Hodder of Dabble) has less to do with amateur content, and more to do with copyright infringing content.” Mathew Ingram: “What seems to have escaped the network’s mind is the fact that the video already aired on the program, and therefore has made as much revenue as any episode of the show normally does, not to mention the fact that the attention the video got could drive thousands more people to watch future shows.” [...]

  • http://www.mashable.com Pete Cashmore

    Hey! My blog post called and it wants its headline back! :)

    NBC Goes Crazy Litigious

    Hehe.

  • Mathew

    Sorry about that, Pete — I never even saw your post until just now, I swear. And here I thought I was a genius. Damn :-) I’ve updated the post to properly credit you.

    Mathew

  • http://www.computerworld.com/blogs/node/1836 Computerworld Blogs

    You Tube a video Napster? (and the biggest Windows error)

    In today’s IT Blogwatch, we look at You Tube a video Napster? Not to mention the biggest Windows error…

  • http://www.mathewingram.com/work/2006/06/28/nbc-and-youtube-sitting-in-a-tree/ NBC and YouTube, sitting in a tree » Mathew Ingram: mathewingram.com/work

    [...] Not that long ago, NBC was beating up on YouTube.com for hosting copyright violations like the brilliant “Lazy Sunday” video clip from Saturday Night Live. This struck me as completely asinine, as I mentioned at the time, because the viral quality of the clip — which was downloaded more than 5 million times in a couple of weeks (and that during the Christmas holidays) — gave NBC and the normally lame SNL show millions of dollars worth of free publicity. Not only that, but telling YouTube to take it down made them look heavy-handed and uncool. [...]

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