Intellectual Property & Copyright Policy (LEG-POL-001)
1. Objective
This policy establishes comprehensive requirements for protecting intellectual property rights and managing copyright compliance on the video streaming platform. The policy ensures respect for creators’ rights while maintaining platform functionality through effective DMCA procedures, repeat infringer policies, and proactive copyright protection measures that balance rights holders’ interests with user accessibility.
2. Scope
This policy applies comprehensively to all content uploaded, shared, or distributed through the video streaming platform across all operational environments. The scope encompasses user-generated content, licensed content, and platform-generated content, covering all users, content creators, and platform operations across every geographic region where copyright laws apply and the platform operates.
3. Policy
3.1 Copyright Protection Framework
- [Company Name] must maintain comprehensive copyright protection and compliance systems across all platform operations.
- Proactive content identification and protection technologies must be implemented to detect and prevent copyright infringement.
- DMCA-compliant takedown and counter-notification procedures must be established and maintained in accordance with legal requirements.
- Repeat infringer policies with account termination provisions must be enforced consistently across all user accounts.
- Content creator education and copyright awareness programs must be provided to promote understanding of intellectual property rights.
- Coordination must be maintained with rights holders and industry organizations to ensure effective copyright protection.
3.2 Content Identification and Protection
- Automated content identification systems (Content ID) must be implemented for comprehensive audio and video matching capabilities.
- Machine learning algorithms must be deployed for detecting copyright infringement patterns and suspicious content.
- Integration must be maintained with industry copyright databases and fingerprinting systems for accurate identification.
- Real-time scanning must be performed on all live streams for copyrighted material to prevent infringement.
- Metadata analysis must be conducted for copyright ownership and licensing information verification.
- Human review processes must be established for complex copyright determinations requiring expert judgment.
3.3 DMCA Compliance Procedures
- The platform must maintain full compliance with Digital Millennium Copyright Act requirements and procedures.
- Designated DMCA agent registration must be maintained with the US Copyright Office in accordance with statutory requirements.
- Accessible and user-friendly DMCA takedown request submission systems must be provided for rights holders.
- Standardized DMCA notice requirements must include all required statutory elements for valid takedown requests.
- Prompt takedown procedures must be executed within appropriate legal timeframes upon receipt of valid notices.
- Counter-notification processes must be established for users disputing takedown requests with proper legal protections.
3.4 Rights Holder Relations
- Content owner verification and authentication procedures must be established to ensure legitimate rights holder communication.
- Bulk content identification and protection services must be provided for large rights holders with extensive content libraries.
- Revenue sharing and monetization options must be offered to copyright owners for authorized use of their content.
- Rights management tools must be provided for content licensing and permissions management.
- Regular communication and feedback channels must be maintained with the rights holder community.
- Industry collaboration must be pursued on copyright protection best practices and emerging technologies.
3.5 Repeat Infringer Policy
- Three-strike policies with escalating consequences must be enforced for copyright violations consistently across all users.
- Account warnings and temporary suspensions must be issued for initial violations to educate users.
- Permanent account termination must be applied for users with multiple confirmed copyright infringements.
- Appeal processes must be provided for users claiming false or erroneous copyright strikes with fair review procedures.
- Documentation and tracking must be maintained of user copyright violation history for enforcement purposes.
- Regular review must be conducted of repeat infringer determinations and policy effectiveness to ensure fairness.
3.6 Fair Use and Copyright Exceptions
- Automated systems must be trained to recognize common fair use scenarios and legitimate copyright exceptions.
- Human review processes must be established for claimed fair use and copyright exceptions requiring expert evaluation.
- Educational resources must be provided about fair use principles and copyright law to users and content creators.
- Support must be provided for transformative use, commentary, criticism, and parody within legal boundaries.
- Geographic considerations must be implemented for different copyright exception regimes and jurisdictional requirements.
- Regular training must be provided for content moderators on fair use evaluation and copyright exception recognition.
3.7 Licensed Content Management
- Content licensing agreement tracking and compliance monitoring must be maintained for all licensed content on the platform.
- Geographic and temporal restrictions must be enforced for licensed content in accordance with contractual obligations.
- Revenue sharing and reporting requirements must be fulfilled for licensed content according to agreement terms.
- Digital rights management (DRM) integration must be implemented for premium content protection as contractually required.
- License expiration monitoring and content removal procedures must be automated to ensure compliance with licensing terms.
- Audit procedures must be established for license compliance and usage reporting to rights holders and content partners.
3.8 User Education and Prevention
- Clear copyright education must be provided during user onboarding and account creation to establish awareness from the start.
- Regular communications must be distributed about copyright law and platform policies to maintain user understanding.
- Tools and resources must be provided for creating original content and avoiding infringement through educational materials.
- Guidance must be offered on obtaining proper licenses and permissions for copyrighted material use.
- Community programs must be established highlighting successful original content creators to encourage legitimate content creation.
- Regular updates must be provided on copyright law changes and platform policy updates to keep users informed.
4. Standards Compliance
Policy Section | Standard/Framework | Control Reference |
---|---|---|
3.1 | Berne Convention | Art. 6bis |
3.1 | PCI DSS v4.0 | Req. 12.1 |
3.3 | DMCA | 17 U.S.C. § 512 |
3.3 | EU Copyright Directive | Art. 17 |
3.3 | PCI DSS v4.0 | Req. 12.10.1 |
3.5 | DMCA | 17 U.S.C. § 512(i) |
3.5 | PCI DSS v4.0 | Req. 8.1.3 |
3.6 | Copyright Act | 17 U.S.C. § 107 |
3.6 | PCI DSS v4.0 | Req. 12.2 |
3.7 | ISO/IEC 27001:2022 | A.18.1.2 |
3.7 | PCI DSS v4.0 | Req. 12.10.1 |
3.8 | PCI DSS v4.0 | Req. 12.6 |
5. Definitions
Digital Millennium Copyright Act (DMCA): US law providing safe harbor protections for online service providers that comply with copyright takedown procedures.
Content ID: Automated system that identifies copyrighted content by comparing uploads against a database of reference files.
Repeat Infringer: User who has been subject to multiple confirmed copyright infringement claims and enforcement actions.
Fair Use: Legal doctrine allowing limited use of copyrighted material without permission for purposes such as criticism, comment, news reporting, or education.
DMCA Agent: Individual designated by the service provider to receive copyright infringement notifications under DMCA procedures.
Counter-Notification: Legal response by a user disputing a DMCA takedown request and requesting content restoration.
Digital Rights Management (DRM): Technology used to protect copyrighted digital content from unauthorized access and distribution.
6. Responsibilities
Role | Responsibility |
---|---|
[Legal Department/Team Name] | Oversee DMCA compliance, manage rights holder relationships, handle copyright litigation, and provide copyright law guidance across the organization. |
[Trust & Safety Department/Team Name] | Process copyright reports, implement content takedowns, manage repeat infringer enforcement, and coordinate with automated copyright detection systems. |
Technical Team | Maintain content identification systems, implement automated copyright detection, and develop tools for rights management and content protection. |
Content Operations | Monitor licensed content compliance, manage content licensing relationships, and ensure proper attribution and revenue sharing. |
User Education Team | Develop copyright education materials, conduct user outreach programs, and provide guidance on copyright compliance and fair use. |
Policy Team | Develop and update copyright policies, engage with industry stakeholders, and monitor legal and regulatory developments affecting copyright protection. |