WIPO Expert Determination for User Uploaded Content (WIPO EDUUC) Case Filing Guidelines
What is WIPO EDUUC?
The WIPO Center, in collaboration with copyright stakeholders, has adapted the WIPO Expert Determination1 Rules as a global procedure to reflect best international practices for the resolution of user-uploaded content disputes by OCSSP2 (Platform). This procedure is named WIPO Expert Determination for User Uploaded Content (WIPO EDUUC) and is conducted under the WIPO EDUUC Rules.
Under this procedure, Parties (Users and Rightholders) can claim if copyright exceptions or limitations (quotation, criticism, review, use for the purpose of caricature, parody or pastiche) are applicable when uploading and making available Content in a Platform.
WIPO EDUUC is part of the WIPO ADR for Digital Copyright and Content Disputes services.
For more information, please send us an email or book an online appointment with WIPO Center's staff.
Step-by-step of a WIPO EDUUC procedure
- Main characteristics
- How to submit a Request for WIPO EDUUC?
- How to submit an Answer to the Request for WIPO EDUUC?
- Timeline of the WIPO EDUUC
- WIPO List of Experts for User Uploaded Content Disputes
- The Determination
- Fees and Costs
- Protection of Personal Data
WIPO EDUUC Toolbox
- WIPO EDUUC Rules
- Request for WIPO EDUUC form
- Answer to Request for WIPO EDUUC form
- Schedule of Fees and Costs for WIPO EDUUC
A. Main characteristicsWIPO EDUUC is limited to an independent Expert determining if Content that may be subject to removal or blocking by the Platform, may benefit from copyright exceptions or limitations (quotation, criticism, review, use for the purpose of caricature, parody or pastiche) (Non-infringing Use).
A WIPO EDUUC procedure can be initiated once the Platform's internal redress mechanism, including human review, has been finalized.
The WIPO EDUUC main characteristics are:
- Expeditiousness: Short time limits for the Determination to be made;
- Low cost: Each case is subject to a fixed fee of EUR 300;
- Digital filing: All documents are filed by electronic means;
- Documentary procedure: No oral hearings;
- Sole Expert (Neutral): Only one Expert decides the case; and
- Limited scope: The Expert decides whether the Content is Non-infringing.
B. How to submit a Request for WIPO EDUUC?A WIPO EDUUC procedure starts by a Party filing the Request Form for WIPO EDUUC (the Request) to the Other Party, the Platform, and the WIPO Center. The WIPO Center’s email is: email@example.com.
The Requesting Party should complete Section 1 of the Request, which includes the following information:
- Name, email address, city and country of domicile of the parties and of any of their representatives (if available);
- Subject matter of the dispute:
- specification of the Content in Dispute;
- brief description of the matter (maximum 2,000 characters);
- Non-infringing Use ground most applicable to the dispute;
- The jurisdiction where the removal or blocking of the Content in Dispute is being challenged (this is based on the country of domicile of the User);
- Documents or information which the Requesting Party deems relevant to the Determination;
- Confirmation that the Content in Dispute has been subject to internal human review by the Platform and that the Requesting Party does not agree with the outcome of such internal human review;
- Confirmation that there are no legal or other dispute resolution proceedings commenced or terminated in connection with the matter referred to Expert Determination; and
- Proof of payment of the applicable fees, in accordance with the WIPO Schedule of Fees and Costs.
C. How to submit an Answer to the Request for WIPO EDUUC?Once a complying Request has been filed, the Responding Party will reply by completing Section 2 of the Request (Answer to the Request), which includes the following information:
1. Specify whether the party responding to the Request wishes to be contacted directly or through a representative and set out the email address, city and country of domicile which should be used;
2. Reply to the matter of the Request (maximum 2,000 characters);
3. Documents or other information which the Responding Party deems relevant to the Determination;
4. Confirm that there are no legal or other dispute resolution proceedings commenced or terminated in connection with the matter referred to Expert Determination; and
5. Proof of payment of the applicable fees, in accordance with the WIPO Schedule of Fees and Costs.
D. Timeline of the WIPO EDUUCWIPO EDUUC is time- and cost-effective. Typically, a procedure would look as follows:
- Filing of the Request Form for WIPO EDUUC (Start of Procedure);
- Date of Commencement: The procedure starts on the date the WIPO Center informs the parties and the Platform of the receipt of a Request;
- Answer to the Request (two options):
- When there is an Expert Determination Agreement or the Request has been filed jointly by the parties, the Responding Party will have 3 business days from the Date of Commencement to submit an Answer to the Request; or;
- In absence of an Expert Determination Agreement, the party that has not filed the Request for WIPO EDUUC may submit, within 5 business days of the Date of Commencement, the Answer to the Request;
- Appointment of the Expert: The WIPO Center will appoint an Expert within 3 business days following the end of the period for the submission of the Answer to the Request; and
- The Determination (End of Procedure): The Expert will forward the Determination to the WIPO Center within 4 business days from the appointment.
E. WIPO List of Experts for User Uploaded Content DisputesThe WIPO Center maintains an open-ended List of Experts from around the world combining legal, business and/or technical expertise in the resolution of user-uploaded content disputes. Under the WIPO EDUUC Rules, the WIPO Center will proceed to the appointment of an Expert taking into account the following factors:
- The country of domicile of the User as designated in the Request;
- The matter on which the Determination is sought;
- The Expert’s relevant expertise;
- The ability of the Expert to complete the Expert Determination in due expedition;
- The language of the procedure.
F. The DeterminationThe WIPO EDUUC is limited to decide if the use of the Content in Dispute constitutes Non-infringing Use.
Once the Expert has communicated the Determination to the WIPO Center, the WIPO Center will forward it to the parties, the Expert and the Platform. From that date, the Determination will be binding and effective for the Parties.
The parties and the Platform maintain the right to seek remedy before national courts or other competent authorities.
G. Fees and CostsBoth parties are responsible for paying the applicable fees. The WIPO Center will refund the fees paid by the winning Party.
The following Schedule of Fees and Costs applies in connection to any WIPO EDUUC proceeding:
|WIPO Center Administration Fee||Expert’s Fees|
|€ 100||€ 200|
H. Protection of Personal DataThe WIPO Center collects, processes and stores Personal Data of mediators, arbitrators, experts, parties, their authorized representatives, fact and expert witnesses and other individuals that may be identified or identifiable in any information submitted to the WIPO Center in the context of WIPO ADR proceedings (participants in WIPO ADR proceedings) for the sole purpose of administering proceedings under the WIPO Rules, both during their pendency and after their conclusion, consistent with its mandate. Personal Data processed by the WIPO Center will not be used for any purpose outside the WIPO Center’s mandate, without your consent.
What Personal Data does the WIPO Center collect?
The conduct of WIPO ADR proceedings requires that Personal Data is processed that relates to participants in WIPO ADR proceedings.
The WIPO Center may obtain the following personal data about participants in WIPO ADR proceedings:
- names and contact details,
- financial information (including banking details),
- other personal data submitted to the WIPO Center in connection with WIPO ADR proceedings by participants in WIPO ADR proceedings, or available from publicly available resources.
The WIPO Center is committed to ensuring the highest level of protection of Personal Data. Personal Data processed by the WIPO Center is handled in accordance with international best practices including the Personal Data Protection and Privacy Principles adopted by the United Nations High-Level Committee on Management at its 36th meeting in October 2018.
The processing of Personal Data collected by the WIPO Center is limited to what is necessary in relation to the conduct of WIPO ADR proceedings under the WIPO Rules, taking into account relevant rights and interests. Personal Data is processed in accordance with confidentiality requirements in the WIPO Rules.
Appropriate physical and technical measures are implemented by the WIPO Center for both electronic and paper data to protect the security of Personal Data, including against or from unauthorized or accidental access, damage, or loss. WIPO ensures that its IT service providers afford appropriate protection for Personal Data transferred to them.
What rights do you have over your Personal Data?
The WIPO Center ensures a policy of transparency regarding the processing of Personal Data, as appropriate. Participants in WIPO ADR proceedings may have access to Personal Data processed by the WIPO Center and may be granted the opportunity to rectify it, object to its processing, or request its deletion, insofar as the purpose for which personal data is processed is not frustrated.
Any request in relation to the processing of Personal Data by the WIPO Center may be submitted by email to firstname.lastname@example.org, specifying the reasons of said request.