Photo Site - DMCA - Copyright issues

Discussion in 'Legal Issues' started by rollwithsoul15, Mar 4, 2013.

  1. #1
    I have been searching all over the web, trying to find out if there is any legal way to go about running a photo website.
    How do people run photo websites without getting sued?

    Is there any way that a disclaimer saying that "none of the photos belongs to the site" would get me out of a law suit?
    Or is a DMCA takedown notice enough?

    Please help
     
    rollwithsoul15, Mar 4, 2013 IP
  2. gotlivechat

    gotlivechat Member

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    gotlivechat, Mar 5, 2013 IP
  3. omgcats

    omgcats Member

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    #3
    There are four legal ways to run a photo website:
    1. Use only photos that you have taken yourself
    2. Pay to license photos from a stock website
    3. Use photos which are made available under a creative commons or similar license (make you you comply with the specific license terms)
    4. Show photos which have been uploaded by users -- you must have a proper DMCA procedure in place and remove any photos that you get complaints about.
    If you are talking about finding a picture on the internet and uploading it to your website yourself, there's no amount of disclaimers that will make that legal. It's not a guarantee that you'll get sued but it is certainly a risk.
     
    omgcats, Apr 18, 2013 IP
    thesickearth likes this.
  4. thesickearth

    thesickearth Active Member

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    Omgcats , what an excellent advice. OP should be a happy guy now.
     
    thesickearth, Apr 23, 2013 IP
  5. Law-Dude

    Law-Dude Active Member

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    Register a copyright agent with the U.S. Copyright Office: http://www.copyright.gov/onlinesp/agent.pdf

    Keep in mind that this will only protect against third party infringement that occurs on your site; you're still responsible for what you and your employees, agents, contractors, etc. post. Also, this only protects you in the U.S. courts.
     
    Law-Dude, Jun 24, 2013 IP