Facebook, Twitter, and the Wild West of IP Enforcement on Social Media: Weighing the Merits of a Uniform Dispute Resolution Policy, 49 J. Marshall L. Rev. 959 (2016)

Authors

Daniel Doft

Abstract

In Part I, this comment will discuss the different types of intellectual property issues that can arise on social media websites. Part II will then discuss the three actions currently available to an infringed owner attempting to protect its intellectual property rights. Part III will discuss the Uniform Domain Name Dispute Resolution Policy (UDRP), a successful mechanism for resolving domain name disputes online. Finally, Part IV will discuss the possible creation of a USRP, which will be modeled after the UDRP, in which a private third-party arbitrator would resolve intellectual property disputes in the social media arena. This section will debate the viability and desirability of such an option, keeping in mind the need to balance fairness, accuracy in decisions, consistency, cost, and time. This comment will conclude that a USRP, while attainable, is not desirable. Instead, as Part V will discuss, social media websites should play the primary role in regulating social media intellectual property disputes. This comment argues that the best solution to this problem is for social media websites to change their regulations by making their policies more cohesive and coherent, and their takedown requests and decisions more transparent.

Recommended Citation

Daniel Doft, Facebook, Twitter, and the Wild West of IP Enforcement on Social Media: Weighing the Merits of a Uniform Dispute Resolution Policy, 49 J. Marshall L. Rev. 959 (2016)