We create, you tube, they infringe: cases and considerations regarding intellectual property rights on user generated content websites
We create, you tube, they infringe: cases and considerations regarding intellectual property rights on user generated content websites

Summary/Abstract: The increasing popularity of user generated content websites led to the development of a number of new business models. Some of these models pose serious challenges to intellectual property concepts and rights. Certain legal provisions, such as the notice and takedown procedure of the Digital Millennium Copyright Act, help right holders fight infringements; yet, given the scale of production, it is very hard to effectively police the content and efficiently address all infringements. Many recent cases brought to US courts illustrate the complex infringement problems encountered on such websites. In this paper, based on data obtained through an online legal research service, we review a number of such cases to understand the nature and consequences of these infringements. We outline the most important issues raised by this phenomenon and make several recommendations as possible solutions, from education and awareness to adequate technology and legal response.

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