[A2k] User Generated Content Principles
Andrea Glorioso
andrea@digitalpolicy.it
Sun Oct 21 11:04:01 2007
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>>>>> "Winston" =3D=3D Winston Tabb <wtabb@jhu.edu> writes:
> Can you explain more about how this accommodates users' fair use
> rights?
I have absolutely no idea, as I did not draft the "principles". I
reported them because I find them of interest in the context of
analyzing how normal human behaviour - everyday creativity - is framed
by the "industry" in their frantic attempts to recover from their own
myopic choices.
Best,
Andrea
>>>> Andrea Glorioso <andrea@digitalpolicy.it> 10/19/2007 6:49 AM
>>>> >>>
> http://www.ugcprinciples.com/index.html
> The following companies support these principles:
> Disney CBS Corporation NBC Universal Dailymotion Veoh Viacom
> Myspace.com Fox Microsoft
> Copyright Principles for UGC Services
> Leading commercial copyright owners ("Copyright Owners") and
> services providing user-uploaded and user-generated audio and
> video content ("UGC Services") have collaborated to establish
> these Principles to foster an online environment that promotes
> the promises and benefits of UGC Services and protects the
> rights of Copyright Owners. In this context, UGC Services are
> services such as Soapbox on MSN Video, MySpace, Dailymotion and
> Veoh.com, and not other technologies such as browsers, applets,
> email, or search services. While we may differ in our
> interpretation of relevant laws, we do not mean to resolve those
> differences in these Principles, which are not intended to be
> and should not be construed as a concession or waiver with
> respect to any legal or policy position or as creating any
> legally binding rights or obligations. We recognize that no
> system for deterring infringement is or will be perfect. But,
> given the development of new content identification and
> filtering technologies, we are united in the belief that the
> Principles set out below, taken as a whole, strike a balance
> that, on a going-forward basis, will result in a more robust,
> content-rich online experience for all.
> In coming together around these Principles, Copyright Owners and
> UGC Services recognize that they share several important
> objectives: (1) the elimination of infringing content on UGC
> Services, (2) the encouragement of uploads of wholly original
> and authorized user-generated audio and video content, (3) the
> accommodation of fair use of copyrighted content on UGC
> Services, and (4) the protection of legitimate interests of user
> privacy. We believe that adhering to these Principles will help
> UGC Services and Copyright Owners achieve those objectives.
> UGC Services should include in relevant and conspicuous
> places on their services information that promotes respect for
> intellectual property rights and discourages users from
> uploading infringing content.
> During the upload process, 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 terms of use. The terms of use
> for UGC Services should prohibit infringing uploads.
> UGC Services should use effective content identification
> technology ("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 (as described below). To that end and to the
> extent they have not already done so, by the end of 2007, UGC
> Services should fully implement commercially reasonable
> Identification Technology that is highly effective, in relation
> to other technologies commercially available at the time of
> implementation, in achieving the goal of eliminating infringing
> content. UGC Services should enhance or update the
> Identification Technology as commercially reasonable technology
> that makes a meaningful difference in achieving the goal becomes
> available.
> If a Copyright Owner has provided: (1) the reference data for
> content required to establish a match with user-uploaded
> content, (2) instructions regarding how matches should be
> treated, and (3) representations made in good faith that it
> possesses the appropriate rights regarding the content
> (collectively, "Reference Material"), then the UGC Service
> should apply the Identification Technology to that content to
> implement the Filtering Process described below. UGC Services
> should ensure that reasonable specifications, as well as any
> tools and/or technical support, for the delivery of Reference
> Material are made available to Copyright Owners. If a Copyright
> Owner does not include in the Reference Material instructions
> regarding how matches should be treated, the UGC Service should
> block content that matches the reference data.
> The Identification Technology should use Reference Material
> to identify user-uploaded audio and video content that matches
> the reference data and should permit Copyright Owners to
> indicate how matches should be treated.
> If the Copyright Owner indicates in the applicable Reference
> Material that it wishes to block user-uploaded content that
> matches the reference data, the UGC Service should use the
> Identification Technology to block such matching content before
> that content would otherwise be made available on its service
> ("Filtering Process"). The Copyright Owner may indicate in the
> applicable Reference Material that it wishes to exercise an
> alternative to blocking (such as allowing the content to be
> uploaded, licensing use of the content or other options), in
> which case, the UGC Service may follow those instructions or
> block the content, in its discretion.
> Copyright Owners and UGC Services should cooperate to ensure
> that the Identification Technology is implemented in a manner
> that effectively balances legitimate interests in (1) blocking
> infringing user-uploaded content, (2) allowing wholly original
> and authorized uploads, and (3) accommodating fair use.
> UGC Services should use the Identification Technology to
> block user-uploaded content that matches Reference Material
> regardless of whether the UGC Service has any licensing or other
> business relationship with the Copyright Owners who have
> provided such Reference Material (except that UGC Services may
> require that Copyright Owners enter into agreements with respect
> to the specifications for delivery of Reference Material that
> are commercially reasonable and that facilitate the provision of
> Reference Material by Copyright Owners and promote the goal of
> the elimination of infringing content). 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 so-called white list).
> UGC Services may, at their option, utilize manual (human)
> review of all user-uploaded audio and video content in lieu of,
> or in addition to, use of Identification Technology, if feasible
> and if such review is as effective as Identification Technology
> in achieving the goal of eliminating infringing content. If a
> UGC Service utilizes such manual review, it should do so without
> regard to whether it has any licensing or other business
> relationship with the Copyright Owners. Copyright Owners and
> UGC Services should cooperate to ensure that such manual review
> is implemented in a manner that effectively balances legitimate
> interests in (1) blocking infringing user-uploaded content, (2)
> allowing wholly original and authorized uploads, and (3)
> accommodating fair use.
> Copyright Owners should provide Reference Material only with
> respect to content for which they believe in good faith that
> they have the appropriate rights to do so, and should update
> rights information as reasonable to keep it accurate. The
> inclusion of reference data for content by, or at the direction
> of, a Copyright Owner shall be deemed to be an implicit
> representation made in good faith that such Copyright Owner has
> the appropriate rights regarding such content. Copyright Owners
> should reasonably cooperate with UGC Services to avoid unduly
> stressing the Services' Identification Technology during limited
> periods when Copyright Owners, collectively, may be providing an
> overwhelmingly high volume of Reference Material. UGC Services
> should reasonably cooperate with Copyright Owners to ensure that
> such Reference Material is utilized by the Identification
> Technology as soon as possible during such overload periods.
> Promptly after implementation of Identification Technology,
> and at intervals that are reasonably timed throughout each year
> to achieve the goal of eliminating infringing content, UGC
> Services should use Identification Technology throughout their
> services to remove infringing content that was uploaded before
> Reference Material pertaining to such content was provided.
> Copyright Owners and UGC Services should cooperate in
> developing reasonable procedures for promptly addressing
> conflicting claims with respect to Reference Material and user
> claims that content that was blocked by the Filtering Process
> was not infringing or was blocked in error.
> UGC Services and Copyright Owners should work together to
> identify sites that are clearly dedicated to, and predominantly
> used for, the dissemination of infringing content or the
> facilitation of such dissemination. Upon determination by a UGC
> Service that a site is so dedicated and used, the UGC Service
> should remove or block the links to such sites. If the UGC
> Service is able to identify specific links that solely direct
> users to particular non-infringing content on such sites, the
> UGC Service may allow those links while blocking all other
> links.
> UGC Services should provide commercially reasonable enhanced
> searching and identification means to Copyright Owners
> registered with a service in order: (a) to facilitate the
> ability of such Copyright Owners to locate infringing content in
> all areas of the UGC Service where user-uploaded audio or video
> content is accessible, except those areas where content is made
> accessible to only a small number of users (not relative to the
> total number of users of the UGC Service), and (b) to send
> notices of infringement regarding such content.
> When sending notices and making claims of infringement,
> Copyright Owners should accommodate fair use.
> Copyright Owners should provide to UGC Services URLs
> identifying online locations where content that is the subject
> of notices of infringement is found =E2=80=93 but only to the extent
> the UGC Service exposes such URLs.
> When UGC Services remove content pursuant to a notice of
> infringement, the UGC Service should (a) do so expeditiously,
> (b) take reasonable steps to notify the person who uploaded the
> content, and (c) promptly after receipt of an effective
> counter-notification provide a copy of the counter-notification
> to the person who provided the original notice, and, at its
> option, replace the content if authorized by applicable law or
> agreement with the Copyright Owner.
> When infringing content is removed by UGC Services in
> response to a notice from a Copyright Owner, the UGC Service
> should use reasonable efforts to notify the Copyright Owner of
> the removal, and should permit the Copyright Owner to provide,
> or request the UGC Service to provide on its behalf, reference
> data for such content to be used by the Identification
> Technology.
> Consistent with applicable laws, including those directed to
> user privacy, UGC Services should retain for at least 60 days:
> (a) information related to user uploads of audio and video
> content to their services, including Internet Protocol addresses
> and time and date information for uploaded content; and (b)
> user-uploaded content that has been on their services but has
> been subsequently removed following a notice of
> infringement. UGC Services should provide that information and
> content to Copyright Owners as required by any valid process and
> consistent with applicable law.
> UGC Services should use reasonable efforts to track
> infringing uploads of copyrighted content by the same user and
> should use such information in the reasonable implementation of
> a repeat infringer termination policy. UGC Services should use
> reasonable efforts to prevent a terminated user from uploading
> audio and/or video content following termination, such as
> blocking re-use of verified email addresses.
> In engaging in the activities set forth in these Principles
> outside 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.
> Copyright Owners should not assert that adherence to these
> Principles, including efforts by UGC Services to locate or
> remove infringing content as provided by these Principles, or to
> replace content following receipt of an effective counter
> notification as provided in the Copyright Act, support
> disqualification from any limitation on direct or indirect
> liability relating to material online under the Copyright Act or
> substantively similar statutes of any applicable jurisdiction
> outside the United States.
> If a UGC Service adheres to all of these Principles in good
> faith, the Copyright Owner should not assert a claim of
> copyright infringement against such UGC Service with respect to
> infringing user-uploaded content that might remain on the UGC
> Service despite such adherence to these Principles.
> Copyright Owners and UGC Services should continue to
> cooperate with each other's reasonable efforts to create
> content-rich, infringement-free services. To that end, Copyright
> Owners and UGC Services should cooperate in the testing of new
> content identification technologies and should update these
> Principles as commercially reasonable, informed by advances in
> technology, the incorporation of new features, variations in
> patterns of infringing conduct, changes in users' online
> activities and other appropriate circumstances.
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Andrea Glorioso || http://people.digitalpolicy.it/sama/cv/
M: +39 348 921 4379=09 F: +39 051 930 31 133
"Truth is a relationship between a theory and the world;
beauty is a relationship between a theory and the mind."
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