Common use of Content Identification Technology & Filtering Clause in Contracts

Content Identification Technology & Filtering. Licensee shall, at all times during the Term, maintain commercially reasonable content identification technology (“Identification Technology”) to detect and filter infringing content on the Licensed Service. Licensee shall exercise reasonable efforts to enhance and update the Identification Technology as technology advances become available and as users become savvier with respect to avoiding or hacking Licensee’s then-current Identification Technology. 2.1. If Licensor has provided to Licensee: (1) electronic reference data sufficient for the Identification Technology to establish a match between Licensor’s content and user-uploaded content, (2) instructions regarding how matches should be treated, and (3) representations made in good faith that Licensor possesses the appropriate rights regarding the content (collectively, “Reference Material”), then the Identification Technology shall implement the Filtering Process described below. 2.2. The Identification Technology shall use the Reference Material to identify user-uploaded content that matches the reference data. 2.3. If Licensor indicates in the applicable Reference Material that it wishes to block user-uploaded content that matches the reference data (or if Licensor does not specify how matches should be treated), the Identification Technology shall block such matching content before becoming available on the Licensed Service (“Filtering Process”). To the extent technologically feasible, Licensor may indicate in the applicable Reference Material that it wishes to exercise an alternative to blocking (such as allowing the content to be uploaded, licensing use of the content or other options), in which case, the Licensed Service shall follow those instructions. 2.4. Without limiting the foregoing, the Licensed Service shall use the Identification Technology to block user-uploaded content that matches Reference Material submitted by other valid copyright owners. 2.5. At intervals that are reasonably timed throughout each year, Licensee shall use the Identification Technology to remove infringing content that was uploaded before Reference Material pertaining to such content was provided. 2.6. Licensee shall have reasonable procedures for promptly addressing conflicting claims with respect to Reference Material and user claims that content blocked by the Filtering Process was not infringing or was blocked in error.