: Responsibility in case of copyright infringing user-submitted content Not sure if this is the right place to ask, but it seemed like one of the better options. Example here. Say, I have an
Not sure if this is the right place to ask, but it seemed like one of the better options.
Example here. Say, I have an online library where users can submit e-books and PDFs they created. All fine and dandy, until someone comes around and starts uploading books that are not their own. Sure, we have a moderation team in place that regularly checks new additions, but some may slip past the radar, especially when dealing with fairly unknown authors.
The author of the (illegally) uploaded books finds the site, browses it for a bit, and to his shock finds that his books are available there for free. Copyright infringement! They sue me for hosting the library website, and I get in deep trouble because some user did something he wasn't allowed to.
How can I avoid getting in trouble over this?
Will I be safe is I state in the Terms of Use that it is not allowed to upload copyright infringing material, and that all users are responsible for what they upload? Or does the "web admin is responsible for his sites and their content" clause negate all others?
Thanks!
UPDATE: Also asked a lawyer online. They gave an answer pretty close to what the people on here said. See this link.
More posts by @Berryessa370
2 Comments
Sorted by latest first Latest Oldest Best
This first thing I thought of was YouTube. How do they not get into trouble over that very same thing; people uploading stuff they have no right to distribute.
They use cleverly created EULA and terms of service and they provide authors and copyright holders the ability to flag content for removal. I would start there. I would analyze how youtube does it and copy that model since it seems to work for them. You can use other companies more like yours and see how they do it. What do they put in their policy docs? What tactfully placed words do they use on their content upload forms? What links and words do they have in their footers? Study those and you'll get your answer.
In the end though, always consult with a lawyer who specializes in intellectual property rights.
A similar issue arose a few years back with someone I worked with, and basically came out as this:
"As long as the website owner/host makes a significant effort to remove copyrighted content in a reasonable time frame, and originally is unaware of the content, they shall not be held liable for the user-submitted content."
You will of course have to find a decent lawyer to help prove that you make reasonable efforts to prevent this sort of thing. I do think, though, that it wasn't the best decision to allow anyone to upload files that could potentially be not owned by the uploader.
It also depends on what country your servers are located, example here: germanitlaw.com/?p=683
Another option is to personally sue the person who posted the content. But please don't take any of this for direct legal advice, it's only based off of a prior incident, not quoted from any lawyer.
Terms of Use Create Support ticket Your support tickets Stock Market News! © vmapp.org2024 All Rights reserved.