On October 18, 2007, several of the world’s leading Internet and media companies released new voluntary guidelines designed to halt online piracy while still supporting the growth and development of user-generated content online. The joint collaboration aims to eliminate infringing content on services providing user-uploaded and user-generated audio and video content (UGC) services, encourage uploads of wholly original and authorized user-generated content, accommodate fair use of copyrighted content, and protect user privacy interests.

Although the guidelines do not create legally binding obligations, the following major media and technology companies have signed onto this joint collaboration: CBS, Dailymotion, Disney, Fox Entertainment Group, Microsoft Corporation, MySpace, NBC Universal, Veoh Networks and Viacom. Notably absent from this list is Google, which recently unveiled filtering technology for its YouTube video-sharing site that removes infringing content from the site minutes after it is posted. By contrast, the media group’s new guidelines call for blocking infringing uploads before they are made available to the public.

The Guidelines
Copyright owners and UGC services are committed to implementing the following principles by the end of 2007 to promote content-rich, infringement-free services:

• Implementing state-of-the-art filtering technology to eliminate infringing content on UGC services, including blocking infringing uploads before they are made available to the public
• Upgrading technology when commercially reasonable
• Developing procedures to promptly address claims that content was blocked erroneously
• Using technology to remove infringing content uploaded before the technology could block it
• Identifying and removing links to sites clearly dedicated to and predominantly used for disseminating infringing content

To do so, UGC services should include on their sites conspicuous information that promotes respect for intellectual property rights and discourages users from uploading infringing content. For example, any Web site terms of use should prohibit infringing uploads. By adhering to these guidelines in good faith, UGC services can insulate themselves from liability for copyright infringement for infringing user-uploaded content that remains on their sites despite such adherence to the guidelines.

Copyright owners, for their part, must provide: (1) reference data for content so that the technology can match user-uploaded content; (2) instructions on whether matches should be blocked, permitted to be uploaded, or referred to copyright owners for licensing or other options; and (3) good-faith representations that they own rights in the content.

Although the new voluntary guidelines are a step in the right direction toward halting online piracy and protecting copyrights, it remains to be seen how effective they will be absent any legally binding status or incorporated enforcement mechanism.

For more information, please contact:

Anthony V. Lupo
lupo.anthony@arentfox.com
202.857.6353

Sarah L. Bruno
bruno.sarah@arentfox.com
202.775.5760

Loni J. Sherwin
sherwin.loni@arentfox.com
202.775.8581