質問
Hello everybody,
We are creating an online platform at the intersection of lifestyle and nutrition/healthcare. Roughly speaking there are three types of content on the platform, namely
1.) user-generated content,
2.) content such as blog posts, article and encyclopedic articles we create ourselves, and
3.) content supplied by healthcare experts, opinion leaders etc. which we ask to contribute to our platform against compensation (although there are cases of uncompensated contributions, mostly against marketing concessions, such as using their brands on our site).
How should we protect the copyright in the material on our platform in a way that is most favorable to the company?
回答: 1 public & 0 非公開
Your platform's terms of service should contain provisions acquiring copyright interests in user submissions. Material "you" create is owned by "you," but this is presuming 'you" are some entity that acquires rights to its material through IP assignment provisions either buried in operational documents or agreements with ICs. Materials your employees create in the scope of their employment are presumably works-made-for-hire under the Copyright Act, but you would want provisions in place acquiring a broader scope of rights to their work.
Acquiring rights to materials produced for you by third parties would also occur through provisions in an agreement (e.g., blogger submission agreement or independent contractor agreement). However, paying bloggers brings up Federal Trade Commission issues and requires that certain disclosures be made.
Speak with a local IP attorney to review your specific content strategy and obtain appropriate IP rights-acquiring instruments.
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