Wikisphere - Legal Environment

Legal Environment

Joint authorship of articles, in which different users participate in correcting, editing, and compiling the finished product, can also cause editors to become tenants in common of the copyright, making it impossible to republish without the permission of all co-owners, some of whose identities may be unknown due to pseudonymous or anonymous editing. However, where persons contribute to a collective work such as an encyclopedia, there is no joint ownership if the contributions are separate and distinguishable. Despite most wikis' tracking of individual contributions, the action of contributing to a wiki page is still arguably one of jointly correcting, editing, or compiling which would give rise to joint ownership.

Some copyright issues can be alleviated through the use of an open content license. Version 2 of the GNU Free Documentation License includes a specific provision for wiki relicensing; Creative Commons licenses are also popular. When no license is specified, an implied license to read and add content to a wiki may be deemed to exist on the grounds of business necessity and the inherent nature of a wiki, although the legal basis for such an implied license may not exist in all circumstances.

Wikis and their users can be held liable for certain activities that occur on the wiki. If a wiki owner displays indifference and forgoes controls (such as banning copyright infringers) that he could have exercised to stop copyright infringement, he may be deemed to have authorized infringement, especially if the wiki is primarily used to infringe copyrights or obtains direct financial benefit, such as advertising revenue, from infringing activities. In the United States, wikis may benefit from Section 230 of the Communications Decency Act, which protects sites that engage in "Good Samaritan" policing of harmful material, with no requirement on the quality or quantity of such self-policing. However, it has also been argued that a wiki's enforcement of certain rules, such as anti-bias, verifiability, reliable sourcing, and no-original-research policies, could pose legal risks. When defamation occurs on a wiki, theoretically all users of the wiki can be held liable, because any of them had the ability to remove or amend the defamatory material from the "publication." It remains to be seen whether wikis will be regarded as more akin to an internet service provider, which is generally not held liable due to its lack of control over publications' contents, than a publisher.

It has been recommended that trademark owners monitor what information is presented about their trademarks on wikis, since courts may use such content as evidence pertaining to public perceptions. Joshua Jarvis notes, "Once misinformation is identified, the trade mark owner can simply edit the entry."