Well like the topic says I'm planing on opening a image hosting site in the next few months using open source software... And I was wandering this is if it happens just a example if someone uploads copyrighted content and I get a DMCA notice if I just remove it would I be fine? trying to find out everything I can before I start on it so I'm not wasting money down the road heh =p
Are you in the US? If so, you should also register an agent with the copyright office. If you do not, then companies do not have to send a DMCA first, they can start with a lawsuit. It costs $85 or something like that. Beyond that, you should also notify the user that submitted the content to give them the opportunity to refute the claim.
most likely you will be contacted first by some party to remove the image, since you may not know if they are legit, then you should comply asap, remove the image and move on...running an image site is high risk anyway, as most of the content would contain copyright images regardless, otherwise what would the point be uploading some free image that means nothing...reglardless, I would surely put a contact page up on how to notify you of removing such images...the worst you can do is hide yourself and pretend it isnt so...remove the image asap, and stay within compliance, and you should be fine.
If you listen to DScurlock you will find that your business dies. You have no customer. the law states: OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users, if the material upon notice from such users claiming that the material in question is not, in fact, infringing. See: http://en.wikipedia.org/wiki/Digital_Millenium_Copyright_Act You as a host or provider have a right to verify content, and if your user claim that contents is not infringement you are fine. Even if the claims are false. You are not require or is liable in any way unless there is a court issue.
Do not listen to tech4, he does not know what he is talking about. He doesn't even realize that you are talking about a site you plan to operate, not a hosting business where you are selling web hosting. dscurlock is on the right path. I think you need to explain a little bit more about what the site is question is going to do, i.e. are you talking about a youtube for images?