I’m developing a project where users can create chatbots. These could easily be based on intellectual property and it’s impossible to monitor.
I am planning to revisit our terms of service to add something about DMCA takedown notices and how we’ll follow them. I think we’ll just write a paragraph in there about it and give copyright owners an address to contact with violations.
I wanted to see how other developers are thinking about this?
I don’t know how you can be responsible here. Where should the copyright protected content come from?
I’m not sure how to go about this either. It’s why I ask. A plausible example is let’s say someone makes an interactive Dungeon Master chatbot that takes you through the world of Ender’s Game. Obviously this could infringe on Orson Scott Card’s IP (he wrote Ender’s Game).
It’s beyond the question to programmatically identify IP. I just want to address it somewhere. My thought is if we include a section in the terms of service saying ‘contact us if you see IP infringement and we’ll look into it’, that that might be enough.
Not really sure though.
I like the idea of displaying a contact adress alot. Although you should also make it clear in your terms of service that this is not allowed.
Not a lawyer, but I believe this is basically the requirement of DMCA. You need to have a place for notices to be sent and to act on them, but you’re not required to actively monitor/police user-generated content you host. Googling “how to comply with DMCA Safe Harbor” will probably get you on the right track.
Additionally, at least in your example, it’s essentially fanfiction, which is generally allowable in copyright law if it’s non-commercial. Some of this comes down to your monetization strategy and how this content will be used/presented. If it is presented in a way where someone might think it is official Ender’s Game content and you (or someone) is making money off of it, you are inviting trouble.
I can’t find anything that specifically outlines it … but here is the dcma site pulled to search artificial intelligence (chatbot as a keyword got 0 results) https://search.copyright.gov/search?query=artificial+intelligence+&utf8=✓&utf8=✓&affiliate=copyright
Interesting topic to consider. I would try and copy how YouTube does theirs.
To get protection against infringing works, you need to adhere to the Safe Harbor provisions in the DMCA (ask GPT). You will need to provide a registered agent for IP owners to submit claims to: DMCA Designated Agent Directory | U.S. Copyright Office.