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Limits of CDA Immunity For Claims Based on User-Generated Content

By Alan L. Friel and Jesse M. Brody
February 28, 2012

For several years, advertisers ' including entertainment content and technology companies ' have sponsored contests and other online promotional campaigns that allow users to create and publish content (user-generated content (UGC)) as a way to entice interaction with the brand or with a community associated with the brand. Knowing that engaging consumers is more valuable than bombarding them with banner and pop-up ads, online marketers are rushing to get Internet users to directly participate with their brands and involve bloggers, UGC, social networking sites and other virtual communities to do so.

An initial area of concern for website providers, promotions operators and sponsors concerning UGC and user participation is the distinct possibility that the user will infringe third-party intellectual property or personal rights, particularly copyright and an individual's right of publicity, and that the sponsor may be subject to related claims.

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