Digital Platforms and Intellectual Property Infringement: Exploring Legal Liability for User-Generated Content in the Context of Digital Media

Authors

    Fatemeh Asadi * Department of Technology Law, University of Isfahan, Isfahan, Iran Asadimelika1996@gmail.com

Keywords:

Intellectual Property, User-Generated Content, Digital Platforms, Copyright, Platform Liability, Legal Frameworks

Abstract

The rapid growth of digital platforms has revolutionized the way content is created, shared, and consumed globally, particularly through user-generated content (UGC). While these platforms provide an invaluable space for creativity and free expression, they also present significant challenges for intellectual property (IP) enforcement, especially concerning potential infringements by users. This article explores the legal frameworks governing IP rights in the context of digital platforms, with a focus on the complex relationship between platform liability, IP protection, and user rights. Through a review of national laws such as the Digital Millennium Copyright Act (DMCA) and the EU's Copyright Directive, as well as international treaties like the Berne Convention, the article examines the regulatory environment that has shaped platform accountability. Furthermore, the role of algorithms and automation in detecting and managing IP violations is analyzed, highlighting both the benefits and drawbacks of such technological solutions. The article also delves into emerging legal trends, including the European Union’s Digital Services Act and ongoing updates to IP law, which aim to address the challenges of balancing IP enforcement with the protection of user rights. By examining recent legislative proposals, case law, and technological developments, the article provides insights into the ongoing evolution of digital platform liability and suggests potential reforms that could better align IP protection with user freedoms in the digital age.

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Published

2023-01-01

Submitted

2022-11-12

Revised

2022-12-12

Accepted

2022-12-26

How to Cite

Asadi, F. (2023). Digital Platforms and Intellectual Property Infringement: Exploring Legal Liability for User-Generated Content in the Context of Digital Media. Legal Studies in Digital Age, 2(1), 39-50. https://jlsda.com/index.php/lsda/article/view/10

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