THE COPYRIGHT INFRINGEMENT RISKS FOR FACEBOOK IN ALLOWING USER-GENERATED CONTENT (UGC) TO BE POSTED ON THEIR SITES AND IN INTRODUCING GIF BUTTON
Hanh My, Ho
Faculty of Law, Ho Chi Minh City University of Economics and Finance.
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THE COPYRIGHT INFRINGEMENT RISKS FOR FACEBOOK IN ALLOWING...
Abstract: Internet content is distributed, hosted and located by online intermediaries. Content or services often carry with them legal liability. In other words, it may infringe the copyright of the rightsholder, if the host, publisher has made an unauthorized copy or breached other recognized rights under copyright law. On the other hand, online intermediary liability has become increasingly controversial in relation to copyright material as a result of two key developments: the rise in unauthorized downloading of digital music, film and video since the beginning of the P2P revolution; and the arrival of Web 2.0 or Social networking interactive user generated content (UGC) sites[1] such as Facebook, MySpace, Youtube etc. Users can post or repost their own or anyone else's content on social media sites, including copyrighted content. However, posting other people's content is not without implication, particularly when it comes to copyright infringement. Verifying liability of hosts of UGC for copyright infringement is a proper step to mitigate legal risks.
Keywords: GIF, IP law, Facebook
1. Introduction
Potential liability of Facebook for copyright infringement when providing mass publication of content in relation to copyright material and when applying GIF button on its messenger will be explored in depth below. The first section issues the explaination of what a GIF is and how it is created. The second section looks at the legal risks for Facebook associated with allowing UGC to share copyrighted content. To begin with, Facebook liability will be examined under § 512 of the United States Digital Millenium Copyright Act (DMCA). This section also canvasses the issue by looking at Article 12 to 15 of the Europe E-Commerce Directive (ECD). The third part concerns about the ability of GIFs to infringe copyright. The matter will be analysed 1) under the Fair use inquiry of the US as well as 2) under the Directive 2001/29/EC of the European Parliament and of the Council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (the Copyright Directive).
[1] Lilian Edwards, ‘Role and Responsibility of Internet Intermediates in The Field of Copyright and Related Rights’ <https://www.wipo.int/export/sites/www/copyright/en/docs/role_and_responsibility_of_the_internet_intermediaries_final.pdf > accessed 08 March 2024.