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Community created content: law, business and policy by Herkko Hietanen, Ville Oksanen, Mikko Valimaki

By Herkko Hietanen, Ville Oksanen, Mikko Valimaki

From Wikipedia to YouTube, neighborhood created content material has created loads of buzz. during this publication, a trio of Finnish lawyer-activists and students Herkko Hietanen, Ville Oksanen and Mikko Välimäki summarize the legislations, enterprise and coverage of neighborhood created content material. The authors educate and learn expertise legislation at Finnish universities. additionally, their legislations enterprise Turre felony has consulted quite a few consumers on open content material licensing and similar concerns.

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Extra info for Community created content: law, business and policy

Sample text

In the end, the photographer sued. The magazine publisher claimed that since the Flickr site informed visitors with the note “this photo is public” it did not have to pay anything. However, the court said that a professional publisher should be careful enough to notice that there is also a specific copyright notice saying “some rights reserved”. A simple click brings forth the CC-clauses. Thus, the photographer won and a CC-license was successfully enforced. In two contradictory cases from March and December 2006 Spanish lower courts have ruled whether bars that play only CC-licensed music are required to pay something to a collecting society.

The only place where such distinction is made is the remedy system where an infringement in commercial scale typically results in a stricter punishment or higher damages. In practice, the scope of the commercial use limitation is up to license interpretation. According to general contract law, an unclear contract term will be interpreted against the party who was responsible of writing the term. Interpretation can also draw advice from the circumstances of contract negotiations and common objectives of the licensor and licensee.

31 32 COMMUNITY CREATED CONTENT Case study: editorial liability for user created content description: There is a part in a magazine’s webpage, which publishes only content created by the user community: text, pictures and video. Anyone can register and start creating content with the tools provided by the magazine. All community created content waits until magazine editors check whether the content is not against the law and whether it looks trustworthy. Editors have the power either to edit or publish the content as such.

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