Volume 101 - Issue 3 Georgetown Law Journal

Monetizing Infringement: A New Legal Regime for Hosts of User-Generated Content

This Note argues for a new, opt-in legal regime that would provide clear legal safeguards for hosts of user-generated content, while simultaneously providing financial incentives for copyright-content creators. This new regime would be based partially on the principles behind ex ante regulation and self-regulation, rather than the ex post enforcement that typically governs in United States copyright law. It would provide hosts of user-generated content with the option to pay a fee in exchange for the right to host certain copyrighted works uploaded by users, eliminating the fear of a lawsuit for contributory infringement or vicarious liability. The opt-in nature of the regime would protect the current safeguards for content hosts contained within the DMCA while allowing those who choose to abide by the new regime to gain additional legal protections.

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