I'm going to be releasing a website shortly based on user generated content. What are the laws covering user generated content? Is there anything protecting me if somebody decides to post a copyrighted image or decides to copy and past something from another website without permission?
Nothing protects you. You are the "publisher" of the material, so therefore are technically liable. You can try something this in your terms and conditions that I use: ... however, I know that this would probbaly not hold up in a court of law as I am the "publisher" The DMCA act (or some other act) in the USA has some safe harbour provisions that may provide some protection. Not the best source of info, but see this: https://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act
How comes there is upon thousands of websites that allow user generated content that seem to have no problem with being sued? In fact that pretty much most websites now have some function that allows users to submit their own images in one form or another (ie a avatar)? Hell I could embed a copyrighted image on this form or any other forum if I wanted to. I know many websites have a take down request form but is it common for companies to peruse websites that do this without giving any notice that a copyrighted image has been uploaded?
Analogy: if you commit a burglary and end up in court; if your defense is going to be that others do it, then it is ok --> epic fail. Just because others do things and get away with it does not make it OK. It just means that they have not been sued. Many sites have - just ask those who have been on the receiving end of a getty images demand. That does not protect them, in fact it indicates that they know they are guilty. Consult an internet lawyer if you do not believe me.
This is inaccurate advice. There are very specific provisions in the law to protect you when your website uses user generated content and the law is precisely the opposite of what Agent000 is saying.
I should have had you as my lawyer when I got sued and lost over UGC! Where did you get your law degree from?
I am pretty sure everyone who lost a case feels like could have used a better lawyer. Sometimes you lose because the facts or the law are not on your side, and sometimes, people have a bad lawyer and should not have lost. I'm sure you were taking advantage of the safe harbor provisions in the law before you hosted the user generated content and followed the laws provisions and still somehow were held liable? Sounds like an interesting case. Please do share the jurisdiction and case number, I'm sure we'd all love to see read about it.
You would be based as the original publisher, your work is protected under copyright as soon as it’s created and protected for your lifetime