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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
Laurence Kaye 29 May 2009
Web 2 .0, UGC, Mash ups: w ho ownsthe data, who is responsible? Introduction
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Laurence Kaye 29 May 2009
Web 2 .0, UGC, Mash ups: w ho ownsthe data, who is responsible? Introduction
Content
Revenue
Rights/Permissions
Performance
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Laurence Kaye 29 May 2009
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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Laurence Kaye 29 May 2009
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).
Web 2.0, UGC, Mash ups: who owns
the data, who is responsible?
Barcelonaconference.com
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Laurence Kaye 29 May 2009
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.
Web 2.0, UGC, Mash ups: who owns
the data, who is responsible?
Barcelonaconference.com
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Laurence Kaye 29 May 2009
Key Legal Issues
Intellectual Property in Websites
Exemptions for Illegal Content forIntermediaries
Web 2.0, UGC, Mash ups: who owns
the data, who is responsible?
Key Legal Issues
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Laurence Kaye 29 May 2009
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
Web 2.0, UGC, Mash ups: who owns
the data, who is responsible?
IP Protection
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Content and Database Right
Web 2.0, UGC, Mash ups: who owns
the data, who is responsible?
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
Laurence Kaye 29 May 2009
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Laurence Kaye 29 May 2009
3 Immunities:
Mere Conduit
Caching
Storage
Web 2.0, UGC, Mash ups: who owns
the data, who is responsible?
Immunities
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Laurence Kaye 29 May 2009
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
Web 2.0, UGC, Mash ups: who owns
the data, who is responsible?
First Claim
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Web 2.0, UGC, Mash ups: who owns
the data, who is responsible?
Second Claim
Laurence Kaye 29 May 2009
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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Web 2.0, UGC, Mash ups: who owns
the data, who is responsible?
Third Claim
Laurence Kaye 29 May 2009
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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Laurence Kaye 29 May 2009
5 Propositions:
Ownership of IP
Technical infrastructure
Effects-based not technology-based approach
Intermediary
Business, not legal, solutions
Web 2.0, UGC, Mash ups: who owns
the data, who is responsible?
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