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 @The_IPO: Government to introduce option of webmarking for registered #designs http://t.co/bhGurYxHYn

Aug 28 2015 02:39 ·  reply ·  retweet ·  favourite
ManagingIP profile

Shenzhen Goldman Sachs is China’s latest fake - http://t.co/2DcIXrEZcR http://t.co/rgJ4rSPSJM via @FT (£) #trademark #copycat

Aug 27 2015 10:34 ·  reply ·  retweet ·  favourite
ManagingIP profile

Interesting case study. We briefly discussed this topic earlier this year http://t.co/yvezqYxMqr https://t.co/VdvhcXvwqV

Aug 27 2015 10:08 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


September 2015

The seven disruptors that are changing IP practice

The IP legal market is changing. In-house counsel want more for less, technology is commoditising work processes and the partnership track is becoming less attractive to growing numbers of lawyers. Emma Barraclough considers the influences that are reshaping the market. Plus: those shaping the changes make their predictions for the future



Most read articles

Supplements