InternationalUSRemember you can easily switch between MIP US and MIP International at any time

How do we avoid liability for online IP infringement?


My company wants to set up a website or blog that allows the public to post their own content. How do I make sure we are not held liable for any IP infringements?

The professor

We certainly live in interesting times in terms of secondary liability for user-driven content. We have recently seen the YouTube case decided, and the appeal in that case should shed further light on the issue. Similarly, some of these issues were addressed in the Rescuecom case on trade mark infringement.

From a corporate point-of-view, I think if you invite users to contribute to your site, provided you're not monetising the content, and it's an incidental reason for going to the site, as a practical matter you shouldn't have much of a problem. Most IP owners will be thrilled if you simply take down any infringing content in response to a letter and will not take the matter any further.

One issue to consider is how you monitor the contributions. Monitoring is a two-edged sword. It is good if you don't allow infringing content in, but it can be...


Please log in to read the rest of this article.

New to Managing Intellectual Property? Take advantage of one week’s FREE access and become a Managing IP member today. It’s free to join and the benefits start straight away.

Already registered?

Please make sure you log in to read the rest of the article.

Log in

Join us now

Gain 7 days FREE access when you register now.

Join here

profile

Managing IP

ManagingIP

ManagingIP profile

Uber, Garcia v Google, Verizon, and a "terribly poor" CAFC decision are in our weekly round-up http://t.co/vpXJdThS7K http://t.co/kM1IVpBzB8

Dec 20 2014 06:19 ·  reply ·  retweet ·  favourite
ManagingIP profile

Another highlight of #ip2014 = launch of #ipwomen network http://t.co/XhQqPJKQzy Pleased to see IP profession addressing diversity!

Dec 19 2014 05:59 ·  reply ·  retweet ·  favourite
ManagingIP profile

Apple & Samsung settled (outside US) as did Google & Viacom. Did 2014 see mediation take off? ($) http://t.co/tWLQ72pqcI #ip2014

Dec 19 2014 05:55 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


AIPLA Daily Report 2014

Read this year's AIPLA Daily Report - published daily by Managing IP direct from the AIPLA Annual Meeting in Washington DC


null null null

December 2014

Five cases that shaped IP protection in 2014

Our five cases of the year come from Australia, Germany, India, South Africa and the United States and span patent, trade mark, copyright and design law. In the following pages, we speak to those close to the action of each case and assess their impact so far



Most read articles

Supplements