Provision record
GitHub · GitHub Acceptable Use Policies · View original document ↗

Intellectual Property Infringement Prohibition

Medium severity High confidence Explicitdocumentlanguage Common · 267 of 352 platforms
Get alerted the next time GitHub changes these terms. Follow GitHub →
Share 𝕏 Share in Share 🔒 PDF
Recent governance activity GitHub recorded 6 documented changes in the last 30 days.
Follow GitHub →
Monitor governance changes for GitHub Monitor emails you the same day this changes. The archive stays free.
Follow GitHub →

Get the weekly research letter

Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean. No account.

Document Record

What it is

The agreement prohibits posting content that infringes patents, trademarks, trade secrets, copyrights, rights of publicity, or other proprietary rights, covering the full range of intellectual property categories.

This analysis describes what GitHub's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision establishes user obligations regarding intellectual property across all content posted to GitHub, and violations may trigger content removal or account suspension under GitHub's DMCA takedown process and the broader AUP enforcement authority.

Consumer impact (what this means for users)

Under this clause, users are prohibited from posting content that infringes any intellectual property right, and infringing content is subject to removal under both this policy and GitHub's DMCA takedown procedures. The agreement does not limit this obligation to copyright; it extends to patents, trademarks, trade secrets, and rights of publicity.

How other platforms handle this

Datadog Medium

Datadog reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site.

Mailchimp Medium

Pharmaceutical products

Netflix Medium

Offer eligibility is determined by Netflix at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible.

See all platforms with this clause type →

Monitoring

GitHub has changed this document before.

Receive same-day alerts, structured change summaries, and monitoring for up to 20 platforms.

Follow GitHub → Or create a free account →
▸ View Original Clause Language DOCUMENT RECORD
"
You may not post any information that infringes or violates someone else's patent, trademark, trade secret, copyright, right of publicity, or other proprietary right.

Excerpt from GitHub's Acceptable Use Policies

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1) REGULATORY LANDSCAPE: This provision directly engages the Digital Millennium Copyright Act (DMCA), under which GitHub operates a notice-and-takedown process. Patent and trademark infringement claims may engage federal patent law (35 U.S.C.) and the Lanham Act respectively, though GitHub's enforcement mechanism for those categories is less precisely defined than its DMCA process. The FTC Act may also be relevant to deceptive practices involving third-party intellectual property. 2) GOVERNANCE EXPOSURE: Medium. The breadth of the prohibition (covering patents, trade secrets, and rights of publicity in addition to copyright) extends beyond the DMCA's specific safe harbor framework. GitHub's liability protections under the DMCA safe harbor apply specifically to copyright; the policy's assertion of a broader IP prohibition may create enforcement complexity for open source repositories that include third-party code under licenses with patent or trademark implications. 3) JURISDICTION FLAGS: EU users may have additional protections or exposure under the EU Copyright Directive (Article 17), which imposes upload filter obligations on certain platforms. Open source projects incorporating code subject to patent claims in multiple jurisdictions should assess jurisdiction-specific risk. 4) CONTRACT AND VENDOR IMPLICATIONS: Organizations using GitHub to host proprietary code or open source projects with complex licensing should confirm that their repository content and CI/CD outputs comply with this provision. Third-party integrations and marketplace apps published through GitHub Marketplace should be assessed for potential IP infringement exposure. 5) COMPLIANCE CONSIDERATIONS: Legal teams should confirm that code repositories, documentation, and published packages do not include third-party patented methods, trademarked terms used without authorization, or content that could constitute a right of publicity violation. Where open source licenses are used, license compatibility and attribution requirements should be audited.

Full institutional analysis

Regulatory citations, enforcement risk, and due diligence action items.

Applicable agencies

  • FTC
    The FTC has jurisdiction over unfair or deceptive practices, including misrepresentation of intellectual property rights or deceptive use of third-party trademarks
    File a complaint →

Applicable regulations

DSA
European Union

Provision details

Document information
Document
GitHub Acceptable Use Policies
Entity
GitHub
Document last updated
May 12, 2026
Tracking information
First tracked
May 20, 2026
Last verified
May 20, 2026
Record ID
CA-P-012415
Document ID
CA-D-00790
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
4cb1cc8f63e15186f39023d0124a0552f90d900ee77625b9086bf67218c19c3e
Analysis generated
May 20, 2026 21:06 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: GitHub
Document: GitHub Acceptable Use Policies
Record ID: CA-P-012415
Captured: 2026-05-20 21:06:09 UTC
SHA-256: 4cb1cc8f63e15186…
URL: https://conductatlas.com/platform/github/github-acceptable-use-policies/provision/CA-P-012415/intellectual-property-infringement-prohibition/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

Other risks in this policy

Related Analysis

Governance intelligence across arbitration, AI governance, data rights, indemnification, and retention

Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.

Frequently Asked Questions

What does GitHub's Intellectual Property Infringement Prohibition clause do?

This provision establishes user obligations regarding intellectual property across all content posted to GitHub, and violations may trigger content removal or account suspension under GitHub's DMCA takedown process and the broader AUP enforcement authority.

How does this clause affect you?

Under this clause, users are prohibited from posting content that infringes any intellectual property right, and infringing content is subject to removal under both this policy and GitHub's DMCA takedown procedures. The agreement does not limit this obligation to copyright; it extends to patents, trademarks, trade secrets, and rights of publicity.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.

Is ConductAtlas affiliated with GitHub?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.