Research project

Investigator:
Miloš Novović

Abstract:
Vast amounts of user-generated content (UGC) are uploaded to different online services every minute. Yet most users are unaware that the Terms of Service agreements offered by all the major companies include an intellectual property licensing clause, often giving platform providers a sweeping license over user content. The contractual language is so vague that it is unclear what kind of copyright license has been given, for which purpose, to whom it may be extended, or how long it will last. This research project will focus on the interaction of mass-scale contractual licensing clauses with applicable national laws. First, it will examine the limits of party autonomy, and by extension, contractual self-sufficiency in the context of UGC licensing. Particular attention will be given to the fact that, in most choice-of-law clauses, US law is to be applied to the contractual issues, while copyright issues remain governed by different national laws. Therefore, the research project will also explore the impact of mandatory provisions in the field of copyright licensing found in national—specifically, European—copyright laws and examine potential clashes with their provisions. Finally, the project will examine the role of arbitration clauses, specifically by determining whether they can provide an additional layer of self-sufficiency and distance the digital contracts from the reach of national laws.