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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111609
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I need to know if you can have a site where users are able

Customer Question

I need to know if you can have a site where users are able to upload video and photos but have copyright issues. im during a paper on internet advertisement. LIke can a person create a site like instagram but the company make money of the site with ad
placements. Now since the website can't control the originality of every user uploaded video or photos post this company be sued. Even if the website has taken the same steps facebook has done. This paper isn't homework. A paper for my boss
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Site owners used to be held liable for even unintentional infringement, even when they police the site and they remove infringing works immediately. In response to this, the Congress passed the Digital Millennium Copyright Act (DMCA). Under the DMCA:
[a] service provider shall not be liable . . . for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider
(A)
(i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing;
(ii) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or
(iii) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material;
(B) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and
(C) upon notification of claimed infringement as described in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.
So, the DMCA protects site owners who follow those guidelines and have a policy for reporting and removing violating material. Furthermore, site owners escape liability by disclaimers and having users agree that anything they are posting on the site they have legal permission to post or are the owner of the material being posted.
See also: http://www.dmlp.org/legal-guide/protecting-yourself-against-copyright-claims-based-user-content
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Customer: replied 1 year ago.
What do you mean by (B) does not receive a financial benefit directly attributable to the infringing activity. So if the website only was making money on the ads on this page it will be ok like Facebook does. But if the website was selling the video or photos this would be illegal is this correct
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It means you are not charging people to view the images or are not charging for uploads or downloads of the image. Incidental benefit of selling advertisements on the site would not be direct benefit from the infringing images, because you would have those ads even without the infringing images.

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