Hi! I've started an image sharing site and I have some questions regarding the legal stuff. I've noticed that there are a lot of uploads of copyrighted images, and I'm worrying about what my obligations are as a host. What have I done to "prevent" this? 1. Every time an image is uploaded, there's a popup box which asks if the uploader has the right to upload the image. If he or she has the right to do so, then click OK, otherwise click Cancel. 2. A terms of service page (with links to it visible from all pages on the site), where it's clearly stated that copyrighted images are forbidden, and that we can remove those without prior warning. 3. A "Report abuse" link at the bottom of every page on the site. Can anyone tell me what my obligations are? Is this enough? I've already received one removal request and I fulfilled it in a couple of hours. Thanks in advance.
Do what all big businesses like Facebook and others do that allow image uploads: create a terms and conditions that users must agree to, which robs their claim of copyright.
Thanks for your reply, but it wasn't exactly what I was asking - sorry if I was unclear. Some of the users are uploading images that they do not have the rights to themselves. Can I get in trouble for this in spite of the actions I've listed in the first post?
Yes, you can get in trouble. What you need is a DMCA (digital millineum copyright act) Notice. Once you have this notice on your site (which contains instructions on how to inform your site of a copyright violation) you will have a safe harbor from liability for the actions of the poster.
While the operation of the actual site isn't clearly explained, I think he needs more than a notice. He needs to designate an agent to receive copyright infringement notices and provide their contact information and register the agent with the US Copyright Office. And to clarify, this gives a you a possible legal defense, but doesn't prevent them from being served with a lawsuit. The OP has also stated that he "knows copyright images are being uploaded" and I would strongly suggest he consults with an IP attorney who can outline the possible risks associated with their specific site.
I'd say: just do what you want until you're made aware that you can't. If you get a cease and desist or something, then you can act. This is what I'd do personally.
Thank you all for your replies! I've added DMCA to the abuse reporting section, so that should be covered now. It's really easy to submit a removal request, so I think everyone will be happy. @mjewel: I've seen that images are being uploaded, yes, and it's things that I guess users upload - band's gig pictures, justin timberlake in shorts only, promo pictures, etc. Don't think that's a problem in most cases. And if the owner of them want them removed, we'll remove them. Registration at the US Copyright Office will be hard since we're not US based. Sites like ImageShack seem to do alright, and they pretty much ONLY have copyrighted images uploaded. Thanks for your replies!