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

RT @NovumIP: Are you wondering where the unified #patent court will be? Read @ManagingIP’s views about it http://t.co/42QSq7iLlN

Aug 5 2015 09:06 ·  reply ·  retweet ·  favourite
ManagingIP profile

.@mdloney analyzes cases showing how the ED Tex is treating Alice motions ($/trial) http://t.co/VVFGBHoSjD #patent http://t.co/fVQEcJj5oK

Aug 4 2015 10:57 ·  reply ·  retweet ·  favourite
ManagingIP profile

Ninth Circuit upholds Robart RAND royalty rate ruling (try saying that quickly) in Microsoft v Motorola http://t.co/crCUL5inbn ($/trial)

Aug 4 2015 10:46 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


July/August 2015

The 50 most influential people in IP

Our 13th annual list of the 50 most influential people in IP is the most diverse ever. But do you agree with our selections? Join the debate online and on Twitter using the hashtag #MIP50



Most read articles

Supplements