Copyrighted image uploads

Hi

I'm launching a site which allows users to upload photo/images that are then displayed. Please comment on any steps which may minimise and or protect against/reduce liability of copyright infringement. Consider the site an open canvas IE could implement anything sensible and practical. Also any tips on process, actions to take on alledged infringement etc.

Thanks

 

There is no foolproof protection but you should do several things:

(1) Have a very good terms of use policy that prohibit uploading copyrighted materials and requires that the user indemnify you for any losses you incur if the user uploads material in violation of the policy
(2) Clearly provide a mechanism for any copyright owner to contact you regarding copyright claims
(3) Promptly act on any claims of copyright infringement

 

If you write your terms of service correctly, and adhere to the provisions of the Digital Millennium Copyright Act, you will be able to shield yourself from any liability for copyright violations created by your visitors through the safe-harbor provisions of the act.

 

Hi
thank you for the messages. Currently our member signup requests only the provision of users email, no personal details such as name etc, we'd prefer to keep it simple like this, is that ok?

If we setup a form for copyright holders to complete what are the normal fields to ask for how and how do they 'proof' or demonstrate infringement
eg including: org name, address, phone, email, contact name, URL demonstrating infringement??

Thanks

 

The safe harbor provisions of the DMCA are automatic. You don't need to do anything as long as you have set yourself up correctly.

 

hi, but isn't the DMCA only relevant if you reside in the USA? thanks

 

Actually, it is only relevant if you are sued in the USA

 

+1, this is the best way to go and would ensure that you are able continue with your site, without any major problem.

 

There are more steps.

1. The terms of use must have a policy prohibiting copyrighted materials.
2. The mechanism to contact you regarding infringement claims
3. Acting promptly to takedown notices
4. A policy against repeat infringers
5. Register an agent with the US Copyright Office.

There you go. Good luck.

 

Thanks for the comments, Please do you have any tips or recommendations for point 2?