Solutions for Digital Creativity

Principles for User Generated Content Services

Summary: Principles for User Generated Content Services

On October 18th, 2007 several of the world’s leading Internet and media companies announced a set of principles that will allow for the continuing growth and development of user-generated content online while respecting intellectual property of Copyright Owners. The Principles are outlined bellow:

The following document summary outlines the principles established by copyright owners (“Copyright Owners”) and services providing user-uploaded and user-generated audio and video content (“UGC Services”). UGC Services refers to services such as Soapbox, MSN Video, MySpace, Dailymotion and Veoh.com. These Principles are meant to foster an online environment that promotes the promises and benefits of UGC Services and protects the rights of Copyright Owners.

Copyright Owners and UGC Services share several objectives:

• The elimination of infringing content on UGC Services

• The encouragement of uploads wholly original and authorized user-generated audio and video content

• The accommodation of fair use of copyrighted content on UGC Services

• The protection of legitimate interest of user privacy

1. UGC Services should include information that promotes respect for intellectual property rights and discourages users from uploading infringing content.

2. UGC Services should prominently inform users that they may not upload infringing content and that, by uploading content, they affirm that such uploading complies with the UGC Service’s term of use.

3. UGC Services should use Identification Technology with the goal of eliminating from their services all infringing user-uploaded audio and video content for which Copyright Owners have provided Reference Material.

a. If a Copyright Owner has provided:

i. The reference data for content required to established a match with user-uploaded content

ii. Instructions regarding how matches should be treated

iii. Representations in good faith that it possesses the appropriate rights regarding the content

Then UGC Services should apply the Identification Technology to that content to implement the Filtering Process. If Copyright Owner does no include in the Reference Material instructions regarding how matches should be treated, the UGC Services should block content that matches the reference data. UGC Services should permit Copyright Owners to indicate how matches should be treated.

b. If Copyright Owners wish to block user-uploaded content that matches the reference data, the UGC Services should use Identification Technology to block matching content.

c. If a Copyright Owner authorizes specific users to upload content that would otherwise match Reference Material submitted by the Copyright Owner, the Copyright Owner should provide to the UGC Service a list of such users (a white list).

4. UGC Services and Copyright Owners should work together to identify sites that are dedicated to the dissemination of infringing content. If a site is identified as a provider of such services, UGC Services should remove or block links to such sites.

5. UGC Services should provide searching and identification means to Copyright Owners registered in order to:

a. To allow Copyright Owners to locate infringing content in all areas of the UGC Services where user-uploaded audio or video content is accessible

b. To send notices of infringement regarding such content

6. When sending notices and making claims of infringement, Copyright Owners should accommodate fair use.

7. Copyright Owners should provide to UGC Services URLs identifying online locations where content that is the subject of notices of infringement is found.

8. When removing content the UGC Services should:

a. Do so expeditiously

b. Notify the person who uploaded the content

c. After receipt of effective counter-notification provide a copy to the person who provided the original notice, and, replace the content If authorized by applicable law or agreement with Copyright Owner

9. When infringing content is removed by UGC Services in response to a notice from a Copyright Owner, the UGC Services should notify the Copyright Owner of the removal. Also, it should permit the Copyright Owner to provide reference data for such content to be used by the Identification Technology.

10. UGC Services should retain for at least 60 days:

a. Information related to user uploads of audio and video content to their services

b. User-uploaded content that has been on their services but has been subsequently removed following a notice of infringement.

11. UGC Services should use reasonable efforts to track infringing uploads of copyrighted content by the same user and should use such information in the implementation of repeat infringer termination policy. UGC Services should prevent a terminated user from uploading and/or video content following termination.

12. In following the procedures outline by these principles outside of the United States, UGC Services and Copyright Owners should follow these principles to the extent that doing so would not contravene the law of the applicable foreign jurisdiction.

13. If a UGC Service adheres to all of these Principles, the Copyright Owner should not assert a claim of copyright infringement against such UGC Service with respect to infringing user-uploaded material that might remain on the UBC Services despite adherence to the Principles.

14. Copyright Owners and UGC Services should continue to collaborate to create content-rich, infringement-free services. To that end, they should cooperate in the testing of new identification technologies and should update these principles.

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