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User generated content - Is user accountable for infringements

If the website isn't then is the user?

surfgatinho

5:07 pm on Mar 17, 2015 (gmt 0)

As far as I am aware websites with user generated content are generally not responsible for copyright infringements caused by their users (providing they have a DMCA policy etc). This seem reasonably fair.

But, if we have a website providing listings for advertisers and one of those advertisers has infringed copyright then it an infringement has occurred and someone is responsible, i.e. the user.

So, as the copyright owner how would I go about pursuing this. Would I go to the website owners first or could I start actions against the user - who will be easy enough to trace as they are running an advertisement.

Does this also mean those posting images to social media without permission are liable?

Any informed input would be appreciated.
Thanks,
Chris

piatkow

7:56 am on Apr 7, 2015 (gmt 0)

Liability can vary depending on jurisdiction. As well as a website I publish a print magazine and have this statement in my ToS

By submitting material to us you are warrenting that you own the copyright and that you will indemnify us against any third party claims.

adder

12:49 pm on Apr 15, 2015 (gmt 0)

As @piatkow said, in most cases you can safeguard yourself by tweaking your T&Cs. In your case, I'd suggest you borrow ideas from Pinterest's T&Cs particularly #2 and #7.