WHITE PAPER
Are Online Videos “Publicly Accessible”?
The decision in HVLP02 LLC v. Oxygen Frog turned on whether or not a YouTube video
could qualify as a “printed publication,” and therefore constitute prior art for patent pur-
poses. As courts tend to assign the term “printed publication” a broad definition that usu-
ally includes videos, the YouTube video in question was considered prior art. Still, much
of the analysis in these matters involves the “public accessibility” of a particular video.
This Jones Day White Paper reviews the law surrounding printed publications, explains
practical ways to demonstrate that a YouTube video is or is not publicly accessible, and
summarizes best practices.
July 2018
