Would a TOS disclaimer like YouTubes save me?

Discussion in 'Legal Issues' started by FanAddict, Oct 24, 2006.

  1. #1
    I am planning to develop many different sites such as a media site (like youtube) and also a celebrity picture site.

    ALL content would be uploaded by users, so it wouldn't really be in my hands...

    Would a TOS like youtubes: http://youtube.com/t/terms save me from legal hassles over celebrity pictures, videos and other copyrighted material?


    I would love to hear everyones thoughts.
     
    FanAddict, Oct 24, 2006 IP
  2. Jelf

    Jelf Banned

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    #2
    It would help but you will still have some problems.
     
    Jelf, Oct 24, 2006 IP
  3. crazyryan

    crazyryan Well-Known Member

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    #3
    Depends how big you are, apparently the only reason youtube wasn't sued was because no one could afford to do it.
     
    crazyryan, Oct 24, 2006 IP
  4. FanAddict

    FanAddict Notable Member

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    #4
    I guess im just wondering how the copyright holders could go after you as you clearly have on the website a statement that says you are not responsible for user uploads, as they are not under your control? Also - it stats that if you are indeed the copyright holder to said pictures/video they will be removed if you ask.
     
    FanAddict, Oct 24, 2006 IP
  5. woodside

    woodside Peon

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    #5
    youtube.com wasn't sued because there was no one with deep pockets behind them to get a lot of money out of.

    A TOS isn't going to keep you from getting sued. It might help you in the lawsuit, but that's it.
     
    woodside, Oct 24, 2006 IP
  6. FanAddict

    FanAddict Notable Member

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    #6
    how much would it help you out ;)

    There must be over 10,000 video sites out there with copyrighted material on them some small some big... and they don't seem to be having any issues.

    And don't even get me started on the 10's of thousands of fan-related celebrity sites out there with HUGE image galleries, and nothing being done about it.
     
    FanAddict, Oct 24, 2006 IP
  7. Dave Zan

    Dave Zan Well-Known Member

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    #7
    A website's legal fine prints is meant to protect yourself from your users, not
    from 3rd parties whose rights are possibly infringed by any of your users when
    they put anything in your site. But by stating you take proactive measures if
    and when you are notified of such, you possibly keep 3rd parties suing you to
    a bare minimum.

    It won't shield you from suit. But as someone answered, it can still help you if
    it ever reaches Court.
     
    Dave Zan, Oct 24, 2006 IP
  8. lorien1973

    lorien1973 Notable Member

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    #8
    you have to take down copyrighted content when contacted. Youtube hasn't because they haven't received (or acted upon) letters they have received. If you are sent a Fedex with a demand to take down video(s), and you don't comply, a TOS won't save you.
     
    lorien1973, Oct 24, 2006 IP
  9. Tyler Banfield

    Tyler Banfield Well-Known Member

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    #9
    It's much like domain names. You can go ahead and do it, but if someone decides to call you out, you're going to have to comply with them ;)
     
    Tyler Banfield, Oct 24, 2006 IP
  10. godinu

    godinu Peon

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    #10
    this is not correct. There are several lawsuits going on against YouTube already. One was started this past summer by a tv journalist whose reports were shown on YouTube . That was the first one that made the news, and others are also happening.

    If you google up "youtube lawsuit" you will find more than several already happening.

    Also, posting a disclaimer that you are not responsible for what a user uploads will not exempt your site from the law. Think about the original Napster: they also had disclaimers because technically they weren't hosting any files. But Napster did provide the venue for people to share copyrighted works and the pants were sued off them.

    It's no different than if you were a bar owner and knew people were selling drugs in your bar. You couldn't claim innocense if you were providing the means or locale for people to commit a crime.
     
    godinu, Oct 24, 2006 IP
  11. FanAddict

    FanAddict Notable Member

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    #11
    Good points - but how can you know pictures are copyrighted that were uploaded by users unless you receive a C&D by the original copyright holders? It's impossible to go through and track down the original copyright holders to video/images. - unless they come to you.
     
    FanAddict, Oct 24, 2006 IP
  12. KLB

    KLB Peon

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    #12
    All pictures are copyrighted the moment they are taken. The question is whether or not the person posting the picture to your site has permission of the copyright owner to post said picture. If it is a professional photo, 99 times out of 100 the poster of the image will not have the required permissions. So instead of asking how can you know if a picture is copyrighted, you need to be asking how can the poster prove they have the proper rights to post the image.

    The problem with waiting for a C&D letter is that at some point a copyright holder is going to simply send a take down notice to your hosting provider and file a lawsuit against you. I know I've gotten several sites taken down (including one in Eastern Europe) by filing take down notices with hosting providers. In fact I often times find it easier and quicker to file legal take down notices with the hosting provider than I do to go to the site's owner.

    As the case L.A. Times v. Free Republic showed, hiding behind disclaimers and claiming fair use won't protect you from users posting copyrighted materials onto your site.
     
    KLB, Oct 24, 2006 IP
  13. GUESTID

    GUESTID Peon

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    #13
    I haven't read the disclaimer but i recommend that you should always comply with the laws . If your site becomes popular you could be in trouble for breaking laws ..

    exceptions can be there if your server is hosted in RUSSIA !
     
    GUESTID, Oct 24, 2006 IP
  14. KLB

    KLB Peon

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    #14
    It might protect the website (for a while), but it won't protect the website's owner.
     
    KLB, Oct 24, 2006 IP
  15. CBT

    CBT Guest

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    #15
    What if i'm russian and the server is hosted in russia? will i be some how protected? :D
     
    CBT, Apr 2, 2007 IP
  16. bookscanning.com

    bookscanning.com Peon

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    #16
    If you're using the TOS of youtube, then you're violating their copyright since their TOS are copyrighted too. Check back with an lawyer who can create a TOS specifically designed toward your site.

    Timo
     
    bookscanning.com, Apr 3, 2007 IP
  17. FanAddict

    FanAddict Notable Member

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    #17
    This thread is from October 2006 :D

    People are kind of digging up old threads now... lol.
     
    FanAddict, Apr 3, 2007 IP