From content sharing to crowdsourcing, web sites that facilitate exchange of user-generated content (UGC) are key components in what makes the web … the web! But of concern for website providers, promotions operators, sponsors, and others that permit third parties to post UGC is the possibility that the user will infringe third-party intellectual property or personal rights.
The unauthorized posting, uploading, transmission, and storage of copyrighted works by individual Internet users may constitute an infringement of copyright owners’ exclusive rights of reproduction, distribution, and performance or display. Also, an individual Internet user’s expressive creation that includes major, copyrighted elements of other previously created work may constitute infringement of a copyright owner’s exclusive right to make derivatives (editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship).
UGC and Infringement
The following liability theories are applicable to both UGC posters and website operators:
DMCA and Safe Harbor
As you can see, UGC presents a perilous path for a web content providers to navigate. But rather than let copyright law chill the evolution of the Internet, Congress passed the Digital Millennium Copyright Act (DMCA) to protect qualifying Internet service providers from liability for all monetary relief for direct, vicarious and contributory infringement. More on this very important legislation next time.
Many small businesses are required to report their beneficial ownership information (BOI) to the Financial…
A new addition to the family is an incredible blessing. With this precious gift comes…
Trademark protection is designed to secure a business asset that is unique to your business…
So … you are purchasing a home or other piece of residential real estate in…
Litigation can be a lengthy, costly, and emotionally draining process. As an attorney who practices…
Imagine this scenario: there is a certain corporation with 400 business units. Each business unit…