Glossary of Key IP Terms for Platform Operators

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If you operate a marketplace, POD service, or UGC platform, you’re already navigating complex IP compliance issues—whether you realize it or not.

But legal language can be dense.

This glossary breaks down the key IP terms every platform operator, trust & safety lead, and content moderator should know—in plain English.

Use this as an internal training resource, onboarding tool, or quick reference guide.

Key IP Terms

Copyright

Protects original creative works: art, music, writing, film, designs.

• Example: An artist’s illustration uploaded to a POD store.
• Infringement happens when someone copies or sells it without permission.

Trademark

Protects brand identifiers: logos, names, slogans, product packaging (trade dress).

• Example: Nike swoosh, Coca-Cola script logo, Starbucks green circle.
• Infringement happens when similar marks confuse customers.

Design Rights

(Also called industrial design rights in some jurisdictions)

Protect the aesthetic appearance of products (shapes, patterns, configuration).

• Example: The contour of a Coca-Cola bottle.
• Important for fashion, accessories, and consumer goods.

Public Domain

Works that are not protected by IP law and can be freely used.

• Example: Art from the 1800s or U.S. government documents.
• BUT: Modern adaptations, restorations, or trademarks may still apply

(See How Platforms Can Use Public Domain Art Safely.)

DMCA Safe Harbor

A legal protection for platforms that follow DMCA takedown rules and act on known infringement.

• Key requirements:
  • Registered DMCA agent
  • Takedown & counter-notice system
  • Repeat infringer enforcement
  • No willful blindness

(See DMCA 101.)

Red Flag Knowledge

When a platform should have known about infringement because it was obvious.

• Ignoring this can destroy Safe Harbor protection.

(See What “Red Flag” Knowledge Means.)

Willful Blindness

When a platform intentionally avoids detecting infringement.

• Example: Turning off filters during high-volume sales periods.

Parody vs. Satire

Parody comments on the original work (more likely protected).

Satire comments on something else while using the work (less protected).

(See Parody vs. Infringement.)

Repeat Infringer Policy

A required part of Safe Harbor:

Platforms must track users who repeatedly upload infringing content and take action.

Derivative Work

A new work based on an existing one—still requires permission.

• Example: Fan art based on Disney characters.

Contributory Infringement

When a platform facilitates infringement, even if it didn’t upload the content.

• Example: Boosting infringing listings through search or recommendations.

Proactive Detection

Using tools like Infringio to identify risky content before it reaches consumers.

• Key to maintaining Safe Harbor and building brand trust.

Trade Dress

The look and feel of a product’s packaging or design.

• Example: The Tiffany blue box.

Conclusion: Know the Terms, Reduce the Risk

The more your team understands IP language and legal expectations, the stronger your platform’s compliance.

Use this glossary to:

• Train moderators
• Onboard sellers or creators
• Align product, legal, and trust & safety teams

And remember: platforms that pair education + proactive tools like Infringio are always better prepared.

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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