Audit Your Platform: Are You Doing Enough to Prevent Infringement?

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You’ve got a takedown process. Maybe a Terms of Service clause about IP. Maybe a few moderators manually reviewing uploads.

But here’s the real question:

Is your platform doing enough to prevent IP infringement – legally, operationally, and reputationally?

With platforms under more scrutiny than ever from rights holders, regulators, and users, it’s time to treat IP enforcement like a core function – not a fallback.

Here’s a four-part audit checklist to help you find the gaps – and fix them before they cost you Safe Harbor protections or platform trust.

1. Are You Educating Your Users on IP Rules?

Most IP violations come from creator ignorance, not malice.

Ask yourself:

• Do you offer clear onboarding content explaining what users can and can’t upload?
• Do you define what constitutes copyright, trademark, and design rights?
• Do you explain risky behaviors like:
  • Fan art
  • Character mashups
  • Using “inspiration” from famous brands?

Bonus points if you provide:

• A glossary of IP terms
• Examples of safe vs. infringing uploads
• Warnings or info prompts at upload stage

Educated users upload better content – and reduce your takedown workload downstream.

2. Are You Using Automation Tools to Flag Infringement?

Manual review alone can’t scale, and keyword filters are easy to bypass.

If you’re relying solely on:

• User complaints
• Brand notices
• Logo matching…

…you’re reactive, not compliant.

Ask yourself:

• Are we using context-aware visual AI (like Infringio) to proactively detect risk?
• Can our system flag:
  • Altered logos
  • Fan art and mashups
  • Trademark lookalikes without actual brand names?
• Do we review flagged content before it goes live or only after complaints?

Proactive detection = proof of good faith and smarter protection for everyone involved.

3. Are You Enforcing a Repeat Infringer Policy?

This one is legally mandatory under the DMCA (see DMCA 101).

You must:

• Define what counts as a “repeat infringer” (e.g., 3 valid takedown notices within 90 days)
• Enforce penalties: warnings, suspensions, bans
• Apply it consistently – and document every case

Ask yourself:

• Are you tracking takedown patterns per user or seller?
• Are you acting on repeat offenders – or just removing content and moving on?
• Can you show an audit trail of past actions if challenged in court?

Failure to enforce a repeat infringer policy = automatic loss of Safe Harbor.

4. Are You Reviewing and Updating Your IP Policy Regularly?

Many platforms write Terms of Service… and never look at it again. But IP trends change fast. So should your policy.

Ask:

• Does our policy clearly define what’s prohibited (not just “don’t infringe”)?
• Do we include examples of real-world violations?
• Do we have an internal review process to update the policy quarterly or in response to industry shifts?

Bonus: Make sure your support team and moderators are trained on these updates too.

An outdated or unenforced policy might as well not exist.

Conclusion: If You Can’t Prove It, You Didn’t Do It

IP compliance isn’t just about reacting to takedowns – it’s about showing that your platform is doing everything it reasonably can to prevent infringement.

A strong audit should show:

• Clear creator education
• Smart automation tools (like VISUA’s Infringio)
• Consistent repeat infringer enforcement
• Up-to-date policies backed by action

Because in court or with regulators, it’s not about what you intended – it’s about what you can demonstrate.

Want to audit your current detection stack and see where Infringio fits in? Book a demo with VISUA today to see how Infringio works.

Disclaimer: Not Legal Advice

This content is provided for informational purposes only and does not constitute legal or professional advice. The information reflects our understanding as of the date of publication and may not apply to every situation or jurisdiction. You should consult qualified legal counsel for advice tailored to your specific circumstances. Any actions taken based on this content are at your own risk. Neither VISUA nor its affiliates accept liability for any losses or damages arising from the use of this information.

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