In a very enlightening article titled: “Copyright Trolling in Use of Creative Common Licenses” written by a US based IP Expert, Daphne Mercy Ekpe, a fundamental aspect of creative common licenses was found to be the tool wielded for exploitation by copyright trolls.
The Creative Commons (CC)licenses were created with the noble intention of providing a mechanism that facilitates the easy accessibility and sharing of creative works to the public under minimal requirements. The licenses help forestall the need for complex and expensive legal negotiations for license agreement, fostering easy accessibility for users without jeopardizing the commercial value of the authors’ works.
In view of this primary goal, Daphne identified a growing problem that threatens this objective. This menace is the emergence of copyright trolls, who are empowered by the development of technologies like search tools such as Pixsy, that allow them to easily identify users that have not complied with the CC license agreement, specifically with the attribution requirement of crediting a copyright holder according to the terms of the license.
Copyright trolls prey on unsuspecting users. Daphne explains that the trolls lure users into thinking that CC licensed materials are safe to post, then police the use to find any infringers and demand payment for inadvertent mistakes. In an attempt to streamline the attribution requirement for users, the Creative Commons Community developed the version 4.0 of the CC license. Daphne highlighted that unlike the previous versions, users can now simply provide the website link to where used work(s) can be found, without precisely mentioning the author. Also, this version permits the recovery of terminated right, so far, the user corrects the breach within thirty days of its discovery.
While this change is a positive step, it still leaves out the menace of copyright trolls unaddressed, as they can still exploit the window between a breach and when such breach corrected, Daphne emphasized that the CC license version 4.0 doesn’t impede copyright trolls from taking advantage of users for the short time in which a creative work was used without authorization.
It must be noted that copyright trolls do not commit any illegal act per say, they are simply opportunists leveraging on the statutory damages under the US Copyright Act of 1976to exploit negligent or uneducated users who may not be familiar with IP law or the legal nuances of the license. Daphne pointed that copyright trolls target thousands of users, seeking quick settlements usually less expensive in comparison to what the defendant will spend to defend the claim.
Daphne recommended a more holistic approach, that will strike a balance between ensuring the attribution rights of writers are protected especially against willful infringements and the protection of unsuspecting/uneducated users from copyright trolls. The proposed solution centers on the development of a new version of the CC license, that prevents the automatic termination of the license rights upon a breach. According to her, the rights should remain unaffected within the window given to correct mistakes. In addition, she proposed the obligation of authors to notify users of any breaches for rectification before enforcement occurs.
This publication provides a brilliant exploration of the evolving landscape of copyright law, shedding light on how the attribution requirement under CC licenses has been weaponized by copyright trolls to exploit unsuspecting users, proposing crucial changes that will protect the interests of all parties involved. Hence, this is a must-read for IP policymakers, creators, users, legal professionals and the creative commons community.
Read the article here; https://www.researchgate.net/publication/383876372_Copyright_Trolling_in_Use_of_Creative_Commons_Licenses
About the Author
Daphne Ekpe is an acclaimed legal professional whose exceptional blend of academic excellence, innovative research, and dedicated advocacy has significantly impacted the field of Intellectual Property (IP) and Technology. Daphne’s illustrious academic journey began with a Bachelor of Laws from the University of Ibadan, Nigeria, followed by a Master of Laws (LLM) in IP and Technology Law from the American University Washington College of Law. Her outstanding performance earned her a merit scholarship, and she graduated with honors. Her research paper, “Copyright Trolling in the Use of Creative Commons License,” published in the American University IP Brief, demonstrates her ability to propose innovative solutions to complex legal issues and this publication has contributed significantly to the ongoing debate on copyright law and creative commons licensing. Daphne provides invaluable legal support to startups and entrepreneurs, specializing in copyright and trademark protection for emerging technologies and creative ventures. As a thought leader in IP law, she frequently shares insights on cutting-edge legal issues and innovative strategies in the IP space, making her a sought-after professional. She is a dedicated advocate for IP rights awareness in underrepresented communities.