If you own a site that allows users to upload any image, are you liable for them putting copyrighted images (even if you disclose that it is against the rules)?
Just delete them when you see or when you get a complaint. If it was like that, Rapidshare would be closed by now because of the lawsuits. If you deny deleting that content from your server, complainant may file a lawsuit and you'll be responsible for hosting that copyrighted material, I guess.
make sure to have a disclaimer else you may face trouble, and delete images when you get a warning with proof
have one legal section where you specify what all rules you want the uploaders to follow, just look at any good image host like imgur, freepicninja , etc, and have 'request deletion' where the person who complaints can give the link to image and the reason for it. take care of these and you are good to go.
Belongs you take action in a timely manner you should be fine, if you receive a DMCA, they normally state how many hours/days you will have to act on the matter, however for a simple image/file upload your normally given a min of 24 hour's and belongs your not found to be hosting these on purpose and you work with your host/3rd parties then it will be fine.
If you operate an image hosting business, especially in the USA, the first thing that you should research is the DMCA. It can be your best friend if you educate yourself.
If you are doing business in the US, you need to read about the DMCA Safe Harbor provisions: http://www.chillingeffects.org/dmca512/faq.cgi http://en.wikipedia.org/wiki/Digita...pyright_Infringement_Liability_Limitation_Act
Timely action helps revive everything. As in USA; we respect VALID DMCA notices from reputed firms. If the same DMCA is found to be sent from a normal email; you may ask them for proof/digital notice which prove the identity. You also have the option to file a counter notice againt the DMCA filed. but you got to be sure the file has authority to be shared before doing so.
Delete images thats the best way.. i dont think you will face such issues specially if ur site is small