Summary
Chapter written with Gabriel Ramsey for the Stanford Intellectual Property Exchange (IPX) project at Stanford Law School. As more internet users publish their own content, they need clear licences, which used to be drafted only by lawyers. The paper asks whether licence terms can be made modular enough to be offered by an automated exchange. It first covers copyrightability and ownership of the work, then reviews each term of a model content licence: scope of use, payment, duration, exclusivity, warranties, indemnification, governing law and dispute resolution. It concludes that the system should leave the final choice to the parties while suggesting balanced default terms and warning users who depart from them.
Reference
H. Haouideg and G. Ramsey, "Modularity of Licensing Terms for Online Content Distribution: What Are the Legal Alternatives for the Netizen?", Stanford Intellectual Property Exchange: A Legal Framework for Consumer Publication on the Internet, Stanford Law School, 2006, p. 32-61.