How to Protect User-Generated Content on Your Website

Legally reviewed by Thomas Lemler - founder of Lemler IP

Many business owners spend a significant amount of time building and maintaining their websites. In many cases, one of the most valuable aspects of a website is not even the content the business itself creates. Rather, it is the content generated by customers, visitors, users, and members of the public. Whether you own an e-commerce platform, a discussion forum, a review website, or virtually any other type of online business, user-generated content can help increase engagement and encourage future growth. However, it is important to understand that user-generated content can also create several intellectual property concerns if it is not properly managed. Continue reading and reach out to Lemler IP to speak with a seasoned Washington, D.C. intellectual property lawyer to learn more about how to best protect user-generated content on your website. Here are some of the questions you may have:

What Is User-Generated Content?

Simply put, user-generated content is any content that is created and submitted by users rather than by the website owner. Some common examples of user-generated content can include the following:

• Customer reviews
• Blog comments
• Discussion forum posts
• Photographs
• Videos
• Testimonials
• Product ratings
• Social media submissions

At first glance, many website owners assume that because content appears on their website, they automatically own it; however, this is not always the case. In many situations, the individual who created the content may continue to retain certain intellectual property rights associated with that material.

For example, if a user uploads an original photograph to your website, that individual may still own the copyright to the image unless there is a valid agreement stating otherwise. Because of this, it is important to understand who owns content submitted to your website and what rights your business has concerning that content moving forward.

Why Should Website Owners Have Clear User Content Policies?

Generally speaking, one of the most effective ways to protect user-generated content is by implementing comprehensive website terms and conditions. These policies should clearly address several important issues, such as:

• Ownership rights
• Licensing rights (specifically, ensuring users grant your business a non-exclusive, royalty-free, worldwide license to display, distribute, and modify their uploaded content)
• Content removal procedures
• Acceptable use guidelines
• Dispute resolution procedures
• The website’s ability to display, modify, or share submitted content

How Can You Reduce the Risk of Copyright Infringement Claims?

One of the most common legal issues involving user-generated content is copyright infringement. Unfortunately, not every user uploads content that he or she actually owns. For example, a user may upload:

• Images copied from another website
• Videos containing copyrighted content
• Music owned by a third party
• Articles or written materials copied from another source

Importantly, your business can still face an IP dispute, even if it didn’t create the content itself. For this reason, you should take several steps to protect yourself, including the following:

• Creating clear content submission guidelines
• Prohibiting unauthorized uploads
• Establishing reporting procedures
• Promptly reviewing infringement complaints
• Maintaining records of complaints and responses
• Consulting with an intellectual property attorney
• Implementing a DMCA Notice-and-Takedown Policy: To qualify for “Safe Harbor” protection under the Digital Millennium Copyright Act (which shields website owners from liability for user infringement), you must designate a copyright agent with the U.S. Copyright Office and follow strict procedures for removing infringing materials when notified.

What Additional Steps Can Help Protect User-Generated Content?

Beyond implementing strong website policies, there are several other measures that can help protect both your business and the content appearing on your website. Some additional best practices can include:

• Regularly updating website terms and conditions
• Monitoring user submissions
• Registering your own intellectual property when appropriate
• Training employees regarding content moderation procedures
• Maintaining records of user agreements
• Periodically reviewing intellectual property compliance efforts

If you have any further questions about how to best protect yourself and your website, please don’t hesitate to contact Lemler IP for an initial consultation today.