Article Title

Second Level Agreements


Yafit Lev-Aretz


This Article analyzes in-depth a significant practice that has not been recognized in legal scholarship. Their unique structure and the way in which Second Level Agreements have developed within the relatively short time of their existence have important consequences for the various players in the copyright market...The Article also offers a normative assessment of the benefits and shortcomings of the Second Level Agreements practice...The Article then carefully looks at the future of Second Level Agreements while reviewing four potential catalysts—the shift towards premium content, the Viacom v. Google ruling, the move towards disintermediation, and the rise of noncommercial licensing system. The remainder of this Article consists of seven parts. Part II discusses the emergence of the Web 2.0 age, and offers a useful classification of UGC content. Part III demonstrates the application of current copyright law to UGC platforms by reviewing theories of secondary liability and the Digital Millennium Copyright Act’s (“DMCA”) provisions. Part IV considers the practice of tolerated use and its contribution to UGC platforms’ success and users’ ability to generate derivative content. Second Level Agreements are described and studied thoroughly in Part V. Part VI offers a normative contribution and careful prediction of the future of Second Level Agreements and copyright in the digital realm. A conclusion follows in Part VII.