“SOCIAL MEDIA AND THE CHALLENGES TO INTELLECTUAL PROPERTY LAW”

Abstract

In the recent years significant attention is focused on the coordination between
territoriality restricted intellectual property rights and the global reach of Internet and lately,
the social media. While businesses or individuals benefit from sharing private files with each
other, the ease of international file transfers increases the risk that protected intellectual
property, is made available to the public.The liability of Internet service providers, for their
services, which may facilitate infringements of intellectual property rights by others in
multiple jurisdictions, poses a particular challenge in that regard. The present Article
discusses the challenges to the intellectual property law imposed by the rapid growth and
widespread use of the social media platforms. The analysis reveals the most common types of
infringements of the intellectual property rights (copyrights and trademarks) on the social
media. Additionally the liability of Internet intermediaries is addressed. The basic premise of
this Article is to provide guidelines for protection of the intellectual property rights on social
media which can efficiently be applied by the right holders in light of the intellectual property
law provisions.