Hello all DPers, First of all I apologize if the thread has been posted previously, its just that I couldnt find one suitable enough for my question. Now, coming back to the main spot, I am starting my wallpaper site. Now I wanted something like Youtube Terms of Usage policies available here *Click Me Please* If you read thoroughly, it is stated that YT is carefully going out of all the lines which says that there is pirated material on YouTube. Can these work on wallpaper sites too, like the site claims that all work belongs to the artists, and is here for collective purpose or anything like that. That users have submitted and they must have enough permissions to do so, so dont sue me sue them. Something like that ? I am sure you are getting my point So, if the Big G can escape the copyright thing, why cant us? Is it possible? If there is any lawyer in DP, can he confirm that it can be done ? Regards, ~KMKM
Under US law, a ToS is not enough by itself to protect you from litigation. It goes a long way with most people. Whose content might be infringed on your site, but it offers you no legal protection. YT protects itself in several ways that you do not see, but they do it. 1) Content is user generated. 2) They have a registered agent with the US copyright office. When the Copyright Office gets a complaint, they pass it on to the agent to be taken care of. 3) They remove infringing content swiftly after it has been identified. 4) They work on methods to prevent or negate future infringement. These are rules under the DMCA. If you do not follow them then you have no protection as a service provider in copyright law. There are more provisions. You should read about the "Safe Harbor" provisions. However, even meeting all of those rules does not mean that you are immune to litigation, just that it is harder. Though wallpaper artists probably don't have the type of lawyers that the movie industry does, Google gets sued regularly for content that they are "protected" from being sued for. Companies find ways around those protections.
Consider starting a relationship with an attorney, like Jeffery Cohen. Then you will be able to get professional advice and have someone help you when needed