Copyrighted images?

[BasedBeyond]

I'm developing a website right now where users would email me their photos/art so I can post it on my online gallery. The conflict that I have is copyright. I know that every photo online is copyrighted, but what should I do if they send me a photo that violates a copyright?

Should I put a copyright disclaimer before they use the submission form on my website to submit their image(s)? Please help me out, it would be a bummer to end my development because of user submitted Copyright infringements.


Thanks:td:

 

[alien51]

Just follow the same "terms of use" that other established photo gallery sites are using. Like Photobucket. click this link:

http://photobucket.com/terms

 

[Traveler]

Just follow the same "terms of use" that other established photo gallery sites are using. Like Photobucket. click this link:

http://photobucket.com/terms

Would that really protect you though from someone like gettyimages coming after a small fry if someone posted one of their images?

 

[alien51]

Would that really protect you though from someone like gettyimages coming after a small fry if someone posted one of their images?

Normally, they would ask you to remove the images. You should comply with the request when presented with proof of terms violation.

 

[BasedBeyond]

Just follow the same "terms of use" that other established photo gallery sites are using. Like Photobucket. click this link:

http://photobucket.com/terms

Thanks so should I just rewrite the same terms of use/ disclaimer as Photobucket on my submissions page?

 

[NameOmnia]

Why don't you ask your users to send you their copyrighted pictures? I am not sure what kind of website you are going to develop but if it's like Fotolia, Dreamstime etc photographers have to fill some forms before being able to upload their pics. Plus, to avoid fraudulent use, I would suggest you to ask your users to put their own watermark on the images. Doing so you will be more sure their images are original.

 

[alien51]

Thanks so should I just rewrite the same terms of use/ disclaimer as Photobucket on my submissions page?

Yes. You can probably reshuffle a few words/paragraphs here and there, or simply rewrite the whole thing just to avoid being an exact replica word-for-word. The bottomline is the same: (1) You are not legally liable for what your users upload to your website; (2) Uploaders should not upload copyright images they are not legally allowed to distribute; and (3) You reserve the right to remove images from your website any image that has been requested to be removed by the copyright holder.

For a few bucks, you can pay your local attorney down the street to review the legal language for you before you place it on your website.

 

[taranum]

I did same for my pictures website: Clearly written in TERMS OF USE that all pictures in these website is uploaded by users and our website is not responsible for copyright violation of any picture. The picture up-loader is fully responsible for all rights.

 

[WritersWrite]

...users would email me their photos/art so I can post it on my online gallery.

This distinction might illustrate a key difference between online service providers who have DMCA safe harbor protection and a website that does not.

Are you insulated from liability if you are the one who is actually posting the photo online, as in the scenario suggested here?

I think that the answer is very likely to be no.

The safe harbor provision is intended to protect online services that simply cannot be expected to police user posted content in a practical manner.

If the site owner is receiving the content and then posting it themselves, it seems that all bets might be off in regard to immunity from any liability that arises.

 

[alien51]

Are you insulted from liability if you are the one who is actually posting the photo online, as in the scenario suggested here?

You mean "insulated".

If the site owner is receiving the content and then posting it themselves, it seems that all bets might be off in regard to immunity from any liability that arises.

That can be true. Just like an article writer passing his work to an editor before posting.

Although your role might not be an "image editor", maybe additional language would have to be added to your disclaimers to specifically clarify your role whenever you receive images. I have seen such disclaimers before from news sites that accept user uploaded images to an email address.

Check out disclaimers from CNN related to user uploaded content via email (or otherwise). Click link below:

http://ireport.cnn.com/terms.jspa

 

[WritersWrite]

You mean "insulated"

Yes, insulated. Sorry about that typo.

 

[BasedBeyond]

Thanks for the replies. Yes, I will require the users to place a watermark on their images before sending them to me and I will post them up manually. If I receive emails that one of my photos violated a copyright, I will take down the image immediately. Is it still safe for me to carry out this website?

 

[alien51]

Is it still safe for me to carry out this website?

Are you making money out of these images ?

 

[BasedBeyond]

Nope they are only for my visitors to see, not for resale and I have no intentions to make money off the user-submitted images.

 

[alien51]

If that's the case, in terms of "safe", then you are more likely going to get warnings first, instead of lawsuits.

But if you see that you are getting a lot of warnings than you can handle, that's the time you can say there must be something seriously wrong with your website platform.

Copyright holders are more likely to file lawsuits against stubborn offenders, or if they see that you are not fixing your platform to prevent repeat infringements from your users.

 

[BasedBeyond]

Thanks! Yeah I guess I'll have to wait and see. Hope it works out :/

 

[NameOmnia]

If you are not planning to resell the images everything is smoother. One of the few thing I would still be worried about is TM infringement. Don't let your user upload pictures which contain trademarks or specific places/things which require a specific permit to be photographed. Doing this you should be safe.

I would also ask them to sign a declaration where they state that every person in their pictures allows the photos to be posted and shared or you might be in trouble if someone doesn't want his/her face associated with your website or simply he/she doesn't want to be online.
There is a specific form for that which every photographer makes his models sign

 

[verbster]

While photographers can grant you use of their images, companies like G-e-t-t-y will do no such thing. In fact their normal MO is to discover a photo they manage, wait a couple of years, and then demand usage fees for the whole time. They are not your friend.

 

[WritersWrite]

While photographers can grant you use of their images, companies like G-e-t-t-y will do no such thing. In fact their normal MO is to discover a photo they manage, wait a couple of years, and then demand usage fees for the whole time. They are not your friend.

Granting permission to use their photographs is exactly what Getty Images does. Their business model is to license the content that they own and represent to third parties. They are rightfully due usage fees (and penalties) from those who use their content without paying for it.

 

[BasedBeyond]

Okay thank you all. So I'm less than a month within launch and I still need to find an example Disclaimer for my website.

Just a brief recap of what my website is about: Users will submit their images such as artwork and photograph to my email via contact form 7 with a description of their work. Then I will manually post it on one of my categories.

I just need a simple yet effective disclaimer that I can easily reword so I can post it on my submissions page.

If I receive emails about particular images that violate copyrights or trademarks, I will immediately take the images down. I may also need a part of the disclaimer where it doesn't violate the rights of people and places in the images.

I am requiring the users to embed a watermark on their image(s) before they send it to me.

Again, thanks for all your help and advice. I just need an answer to find the simplest disclaimers that I can reword and use as my own for my website coming next month.