IP Infringement Takedown Procedure: LinkedIn

Intellectual Property Rights (IPR) infringement occurs when a third party unauthorizedly uses the IP vested in the right holder, either directly, with the intent to earn a profit, or indirectly, such as disrupting the revenue stream. The 21^st century has witnessed the growth of social media intermediaries that facilitate communication, thereby providing a platform where IP infringement becomes easier, as users can communicate and reproduce content owned by another entity. 

As a measure to balance the interests of intermediaries along with the aim to promote IPR enforcement, the law has introduced the “safe harbour provision”. The IP owners, who suspect the infringement of their rights, may send a notice to the social media platform that there has been an infringement. The platform is then required to take down the alleged infringing content for a specific duration pending the decision of the appropriate forum. Compliance with such regulatory mechanisms discharges the intermediary’s liability and therefore provides a harbour to escape penalty from unintentional infringement. LinkedIn is one such social media intermediary, which allows for professional networking and career development. The platform respects the IPR of its users and its User Agreement requires that information posted by members is accurate, lawful, and not violative of third-party rights.

Under the Digital Millennium Copyright Act, LinkedIn has notified its Copyright policy where it allows the right holders to submit a Notice of Copyright Infringement. The following  details are required to submit the notice:

1. Electronic/Physical Signature of the Copyright owner/person authorised to act on his behalf.

2. Description of the copyrighted work claiming to have been infringed.

3. Description specifying the location on the LinkedIn website of the material claimed to have been infringed. The URL to the LinkedIn content must also be attached.

4. The email address and phone number of the complainant.

5. A statement that the complainant has a good faith belief that the disputed use is not authorised by the copyright owner/his agent or the law.

6. A statement, made under penalty of perjury, that the contents of the notice are accurate and that the complainant is the copyright owner or authorised to act on his behalf.

   
   

LinkedIn also allows the alleged infringer to submit a counter notice where he believes that the notice of copyright infringement has been improperly submitted, under Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Such notice must contain the alleged infringer’s physical/electronic signature, identification of the material proposed to be removed or to which access has been disabled, and a statement by him that he has a good faith belief that such removal/disablement was a mistake or misidentified, such as in the case of fair use. Such a statement must be accompanied by reasons specifying why the notice for infringement must be rejected. For fair use, you can refer to our previous post on the subject here. 

The same procedure has been provided in case of a party claiming trademark infringement. Apart from the requirements to be submitted for copyright infringement, in the trademark Infringement Form the complainant must also attach the proof of registration of the trademark. Otherwise, the claim may be summarily denied, that is, without a full hearing or detailed discussion. 

LinkedIn has designated a Copyright and Trademark Agent for the submission of notices and counter-notices. This Agent will verify the details provided in the notice and if there has been an infringement.  Any false notice/counter-notice may give rise to personal liability under penalty of perjury.

While disabling/removing content, LinkedIn may make a good-faith attempt to forward the written notification, including the contact details of the complainant, to notify the alleged infringer. Additionally, it reserves the right to disable/terminate its members’ accounts who indulge in repetitive infringement.

Such a robust mechanism for IPR infringement takedown ensures LinkedIn’s commitment to maintaining an adequate IPR enforcement and discharges its liability as an intermediary.