Tidying Up the Internet: Take Down of Unauthorized Content under Copyright, Trademark and Defamation Law

Abstract:     
As business clients make available an ever-increasing array of online content and services, the specter of liability for inappropriate online content looms large. Still, U.S. federal law protects businesses that adopt appropriate take-down regimes for copyright infringement, defamatory content, and even improper use of competitor’s trademarks. As business clients make available an ever-increasing array of online content and services, the specter of liability for inappropriate online content looms large. Still, federal law protects businesses that adopt appropriate take-down regimes for copyright infringement, defamatory content, and even improper use of competitor’s trademarks. While the percentage of complaints suggests that the notice-and-take-down system is a minor aspect of the Internet media ecology, the existence of the system remains a source of tremendous anger for many. Moreover significant litigation in the past year has renewed the focus on these legal tools to tidy the Internet to cleanse it of unwanted or unauthorized content. This article will focus on the recent activity in the courts and congress regarding the various attempts to deal with unauthorized, unwanted and controversial content available on the Internet.

Number of Pages in PDF File: 24

Keywords: DMCA, copyright, trademark, defamation, take down, privacy, Internet, Facebook, Red Flag, Google, EPIC

JEL Classification: K1, K10, K13, K2, K20, K29, K39, K23, L86, M31, M37

working papers series