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Copyright Question....

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hangman1919

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Hello Everyone,

I'm in the works of putting together an entertainment site, and I have a couple of concerns regarding copyright Issues.

The site will consist of original works, posted by its owners.

What happens if a customers gets annoyed or just decides to upload a bunch of copyrighted music, videos, etc? Could I be liable?

Is there a way to deal with that?

Apparantley thats one of my biggest concerns. All information greatly appreciated.

Thanks Again for the looks and replies.
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
AfternicAfternic
Yes, you could be liable -- the key is to have a tiered process: 1) make users aware of your terms and have them agree (in electronic signature) 2) have an editorial/filtering/notification process to remove TM materials as quickly as possible.
 
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I appreciate the information. Thanks for the quick response..
 
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Yes you will be liable, so I would make sure you heavily moderate it. :tu:
 
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Also make a report area where people can report copyrighted material. That will help you out some.
 
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I think you'll be fine. You just need to remove the copyrighted contents when you are contacted by the original owners. That is how youtube works.
 
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i wouldnt suggest taking an active role in removing items yourself, unless notified by the copyright owner to do so. If you do attempt to remove copyrighted material on your own, you're actually opening yourself up to liability. I know it sounds stupid, but thats the way it is. They argue that if you're attempting to remove copyrighted material, then you are liable for the material you fail to remove. If you don't attempt to remove it, then you are protected under the DMCA (but theres always the possibility of getting sued regardless of what efforts you take). Definitely inform users that copyrighted material is against your site policy and have a place on the site that explains your willingness to comply with DMCA notifications and a spot to report violations.
 
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So removing the copyrighted material would not be reccommended..

Ablaye mentioned YouTube removes copyrighted material... Is that right?

and if so, wouldn't they be liable..
 
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hangman1919 said:
So removing the copyrighted material would not be reccommended..

Ablaye mentioned YouTube removes copyrighted material... Is that right?

and if so, wouldn't they be liable..

They do remove copyrighted material when asked to do so by the copyright holder. Which is what you want to do... Basically don't remove anything unless you're asked. Also I think YouTube does remove some stuff on their own, but that may be one of the reasons they're being sued. More likely though, it's because they have heaps and heaps of money...
 
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I co-run a site with pretty hefty traffic and hundreds of uploads a day. I'd suggest following the queue system. It's time consuming but if you have to authorise each item before it goes public you'll be a lot safer.

It's tough, and time consuming. But copyrighted material isn't the worst of what could be uploaded whilst you're asleep at night.
 
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