User-Generated Content: How Broad Licensing Terms Threaten the Web

Abstract

Vast quantities of user content get uploaded online every single minute: pictures, videos, status updates, blog posts – they are the face of today’s Internet. While a lot of this content is entitled to receive copyright protection under national laws, once uploaded, it is also subject to licensing clauses found in Terms of Service agreements. These clauses establish how platform providers can use the submitted content, and in many cases, language of these clauses is broad and ambiguous, to the point where users are left uncertain about who can use their content, in which ways, and for how long. This chapter argues that contractual ambiguity negatively affects users and platform providers alike. It examines the potential clashes between licensing clauses and privacy policies, deeming it necessary to ensure that in the case of conflict between the two, it is the privacy policy that should prevail. The chapter warns against the potential of invasive licenses to erode trust between users and platform providers, endangering content sharing which is the core of today’s participative Web.