A still from a Facebook video made by Kanongataa of his son’s birth.

The video is still publicly available online. (credit: Kanongataa via Facebook)
A father who livestreamed his son’s birth on Facebook and then sued various media outlets that used his clips has been ordered to pay $120,000 in attorneys fees after losing his case.
US District Judge Lewis Kaplan ruled in February that TV stations broadcasting clips of the 45-minute livestream, published online by Kali Kanongataa, qualified as fair use. NBC used 30 seconds of the video on one of its morning shows, while ABC and Yahoo used 22 seconds of the video for a segment that was broadcast on Good Morning America and a Yahoo site that hosts ABC content.

The father also sued COED Media Group
In June, Kaplan said that “no reasonable lawyer” would have sued news organizations for using short clips of the publicly shown, viral video and that he intended to award fees. Kaplan agreed with ABC’s arguments that the video was used in the context of news reporting and social commentary.

Essentially, ABC was reporting on how Kanongataa himself chose to use social media and what that says about society today.

That makes him the subject of the news, not a ripped-off creator.
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