Hello, I have website that shows movies and tv shows. They are definitely copyrighted. I have mentioned in my disclaimer that these videos are not hosted on our server instead we get it from third party websites like dailymotion, youtube, metacafe etc. Please let me know: 1) Is it enough to avoid responsiblity to my website for copyrights? 2) If no then what points should I mention in disclaimer to avoid copyright issue? 3) What are charges of copyrights violation in India? The movies and tv shows are indian. How can they claim? 4) How can they send me notice? Thanks
To be honest, I don't think they will file you any case if you host the videos on youtube, etc. probably until your site gets popular and you make money from it, they will try to rip you off. Who knows? But I guess it won't happen for sure unless you offer soccer streaming site or something.
Thanks for your response. Definitely I am focusing on revenue. In case, someone object then what can be possibilities? like they down my website or fine me if yes then how much it can be or ??
These are complicated issues of copyright law under the Digital Millennium Copyright Act. At a minimum, you need a posted policy concerning copyright complaints and take-down notices. Consider this 9th Circuit ruling on DMCA safe harbor immunity: The Court of Appeals held such immunity extends only to service providers who “reasonably implement†a policy for terminating those of their customers that repeatedly infringe copyrights. In considering this question, the Ninth Circuit held courts should consider not only the manner in which the defendants responded to “take down†infringement notices sent by the plaintiff copyright holder, here Perfect 10, but also the manner in which they responded to similar notices from third party copyright holders. It is evident Courts will consider not only policies concerning take down of infringing content but actual implementation of those policies under the safe harbor provisions of the DMCA.
It doesn't matter if they are hosted elsewhere. If they are displayed on your website then it is still copyright violation.