I want to start a wallpaper website where users can upload wallpapers. I am concerned about the copyrights things. I dont want that users upload copyrighted wallpapers. Since the system is automated, as users will upload wallpapers it will automatically added in database, also i can not know which image is copyrighted or not. I will clearly mention in terms that no one should upload any copyrighted stuff but what else i can do? (i live in europe). Regards
In Europe, I don't know what else you can do other than provide a clear link for people to make takedown requests. I don't think (but am not sure) that Europe sees the difference between user content and owner generated content. Most people won't sue off the bat if you give them an alternative (respond to take down requests). However, if you do get sued you could probably sue the uploader if you can figure out who it is (and assuming they are in a place that is friendly to international lawsuits).
In the US, all images, artwork, wallpapers come with an automatic copyright upon creation. Unless the user who uploads the wallpaper created it with their own images, you are going to be at risk (at least in the US). As a site owner, you are responsible for the content on your site. I think it would be virtually impossible to limit your risk to zero, as even if the user says they created it, you can be held liable if they didn't.
I would create a login system and make then login before submitting a wallpaper. I would also make them check a box saying "I am agreeing that this wallpaper is not copyrighted".
Make that "I agree that I have control of the copyright for this wallpaper or permission by the copyright holder to distribute the file."
I have been curious about this too... I am starting a "hot babes" wallpaper site, am kinda worried about what some people might upload... I dont want to have to constantly monitor it for bad content and illegal things
Listen up, many MANY users on deviantART complain about wallpaper sites adding their wallpapers without permissions. The best thing you could do is adding a link where people could contact you to remove a wallpaper (with a valid reason, of course).
why dont you people keep a approve type of thing like when someone uploads a wallpaper ther should be someone check the pic that its not copyrighted!
Because there are millions and millions of pics on the net, and it'd be impossible to check if it's copyrighted or not.
You don't need to check. All pictures are automatically copyrighted. You need permission from the owner of the image to use an image, artwork, or wallpaper. 99% of the time you may not get caught, but if you get caught a single time, the copyright holder gets to name a usage fee for the use (can easily be thousands of dollars), they can file a DMCA and get your site taken down at your host and banned from google, yahoo and MSN. It can also get your adsense account terminated. Saying "you didn't know" isn't a legal excuse. One you put that image on your site, you are responsible for paying for it even if you take it down.
Thank you very much for your replies. I will put the check box for users to agree about terms. I am just confused about the legal issues, as mjewel said that all pictures are automatically copyrighted. I can not know who is owner of the image. eg. if someone uploads Julia Roberts image and claims he took the photo, there is no way that i can make sure. As talking about excuses, I am just wondering then i think almost 75% of youtube videos should be illegal? most of images uploaded in myspace galleries should be illegal? most of the images uploaded on tinypic, imageshack.us and other image galleries should be illegal? Many of user's uploaded avators on digitalpoint should be illagal? These are big websites based in United States, they they are not taken down? What are policies of these websites?
Yes, most images on many sites are infringing. But in order for anything to happen, the owner of the copyright must see it and make a complaint. That is assuming they care even if they do find it. To many photographers, using an image as an avatar is worlds different then selling the image or using it to promote a product. Copyright is not like trademark, it does not have to be defended. Also, the cost of suing or trying to collect a fee only makes sense if the person you are going after has money in the first place (unless the owner is just trying to make a point). For example, Getty images sent out a bill to hundreds (if not thousands) of sites they found their images being used on without permission. To date, they have not sued anybody that has failed to pay this bill. Not worth their time or money right now.
what about celebrities/movies wallpapers? I see many people selling these packs in BST section and they said they have the resale right. Can we use those wallpapers on wallpaper site?
yeah same with arcade games, myspace layouts and everything. The sale goes on here, but you know that it isn't theirs to sale. As said early dont take stuff from deviantart, I am a member their and they will try to take you down
The majority of those people collected the images off the net and think that because it isn't watermarked or have a copyright symbol, it isn't copyrighted. That isn't the case. Before a site like istockphoto will post a photo, they require an owner to state they are the copyright holder and provide a signed model release for each and every person in the photo. There are some photographs and illustrations where the owner has given permission to have their work resold. How do you know which is which? Dealing with an established company is probably the best way - then at least you have someone to go after if you get sued. If someone is offering a hundred celebrity photos for $10, then it is almost certain they do not have the rights to resell them - but it is ultimately the site owners responsibility to make certain. Photographers make their living selling pictures. How would you feel if someone came and copied your site and then turned around and made a duplicate site, or make a pack of websites and sold it on DP for $5? While the vast majority of photographers will not sue you, it only takes one. It is more likely that they will just report you to google and your host - who are then obligated to take your site down. Using photos and artwork without permission is an adsense TOS violation that can get your account terminated. As mentioned, photographers are more likely to take action against a website than some 16 year old who took an image and posted it on their myspace page. Perez Hilton has spent hundreds of thousands of dollars in legal fees resulting from photographers suing him for unauthorized use of their photographs. The bigger the site, the more likely the photographer is going find out about the infringement. Even if you hired a web designer to design a site, told them to use only images they had purchased rights to, it is ultimately your responsibility to make sure the image was legally obtained. If you are sued, you would be forced to defend the action. You could then turn around and sue the website designer, but you are the one responsible to the copyright holder. Most people are not going to take a photograph or design a wallpaper and then give it to you for free, just like you aren't going to build a website and let others copy it for free. Certainly there are people who will, but it is much more likely someone is going to upload something they took from the web.
okay thanks.. could you please sum up the suggestion to some one who want to start an image upload website or a wallpaper website (where users upload images). thanks.
You can take steps to limit you risk of getting sued, or having a DMCA filed against your site, but there is absolutely no way to fully protect yourself because you cannot know if the copyright holder is the one uploading the image or wallpaper. There is always going to be risk. I would imagine that if you made it easy for people to report copyrighted content, and removed it immediately, most copyright holders would not take further action even though they legally could.
I would suggest (assuming you live in the US): 1) A well written ToS that is at least reviewed by an IP lawyer (if not written by one). That stipulates that no infringing material is to be uploaded. 2) Register a copyright agent with the copyright office. 3) Provide an easily visible link for people to make takedown requests from. 4) Try and monitor what images that come in when the site is small. You won't catch everything, but some things will be easy to spot. Some sixteen year old in not likely to have taken a picture of a supermodel in a bikini himself. 5) As the site grows try to identify users that can help monitor for obvious infringement. 6) Keep some extra cash on hand if you do end up needing to defend yourself.
I think you are making a big deal out of nothing. you obviously havent seen the Myspace resource sites that have images of movie stars, football logos, car emblems and all sorts of copyrighted materials/likeness of people. what do you think, they get sued?
They do get sued, but they have several things going for them. One, they have a team of lawyers . Two, they have a lot of investment capital they can use to deal with such things. For a small site with no money backing it, all it takes is one mad photographer that wants to make a point to make life a living hell for the site owner.