Web 2.0, UGC, Mash Ups (Visuals) :: Laurence Kaye

8/14/2019 Web 2.0, UGC, Mash Ups (Visuals) :: Laurence Kaye

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W eb 2 .0 , UGC , M as h ups :w ho own s th e dat a, w ho is res po nsible?

Laurence Kaye 29 May 2009

EADP CONFERENCE, BARCELONA, MAY2009


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Introduction

Can any kind of content be taken?

Ownership?

Publishers v Intermediaries

Search & UGC


Web 2 .0, UGC, Mash ups: w ho ownsthe data, who is responsible? Introduction


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Web 2 .0, UGC, Mash ups: w ho ownsthe data, who is responsible? Introduction

Content

Revenue

Rights/Permissions

Performance


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Web 2.0, UGC, Mash ups: who owns

the data, who is responsible?

Barcelonaconference.com

www. barcelonaconference.com

UGC

Directory Content

SEARCH


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Dear Sirs

We act for Excellent Publishers Ltd and for its CEO, Snr. Juan

Excellente. Your site has the following features:

RSS feeds contain a substantial amount of data about local

business services which have been copied, by technical means

or otherwise, from our clients website. This infringes our clients

database right.

Quotations from the news service on our clients site and these

are available as RSS feeds. (cont).





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There is a mash up application on your clients site which

includes data which must have been obtained from our clients

site. (cont.)

Our client also found a defamatory post about him in one of your

user forums and when he used the search feature on your site to

search against his name, the results displayed included a link to

a site which contained defamatory material about Snr.Excellente.Unless you shut down your website within 48hours, our clients

have instructed us to take legal proceedings against you.





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Key Legal Issues

Intellectual Property in Websites

Exemptions for Illegal Content forIntermediaries



Key Legal Issues


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3 Types of IP protection if the tests for

protection are met:

1. Copyright in the collection of HTML pages or equivalent

3. Copyright in the various databases (e.g. holding directory

data) and other copyright works (e.g. videos)

5. Database rights (also known as sui generis right) in theinvestment made by the directory publisher as database

producer in each of the databases



IP Protection


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Content and Database Right



E x c e p t i o n s

" R e s t r i c t e d A c t s "

" w h o l e o r s u b s t a n t i a l p a r t "

C O P Y R I G H T

S T R U C T U R E

N o " e x t r a c t i o n " o r " r e - u t l i l i z a t io n "

" s u b s t a n t i a l p a r t "

S U I G E N E R I S

( I n v e s t m e n t i n c o n t e n t )

E x c e p t i o n s

" R e s t r i c t e d A c t s "

" w h o l e o r s u b s t a n t i a l p a r t "

C O P Y R I G H T C O N T E N T

C O N T E N T



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3 Immunities:

Mere Conduit

Caching

Storage



Immunities


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Your site and its RSS feeds contain data

about local business services which have

been copied, by technical means or otherwise,

from our clients website



First Claim


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Second Claim


There is a mash up application on your clients

site which includes data which must have been

obtained from our clients site


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Third Claim


Our client also found a defamatory post about him in one of

your user forums and when he used the search feature on

your site to search against his name, the results displayed

included a link to a site which contained defamatory material

about Snr. Excellente.


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5 Propositions:

Ownership of IP

Technical infrastructure

Effects-based not technology-based approach

Intermediary

Business, not legal, solutions



Conclusion


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Laurence KayeSolicitorsLegal solutions for the digital age

Laurie Kaye

[email protected] [email protected]

Yasmin [email protected]

T: 01923 352 117Web: www.laurencekaye.comBlog: http://laurencekaye.typepad.com

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Web 2.0, UGC, Mash Ups (Visuals) :: Laurence Kaye