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Thread: Photo Sharing Violation

  1. #1

    Default Photo Sharing Violation

    Let's say I own a photo sharing website.

    If my website's terms has stated that "all uploaded photos should be fully owned by the user who upload the photo". If a user uploaded other people's photo without our notice (which might happen for sure) and the real photo owner filled a sue to us, who should hold the responsible?

    What is the best way to protect our website from this kind of scenario?

    What is the best statement in the term of our website to protect us from the scenario above?

  2. #2

    Default Re: Photo Sharing Violation

    you can consult a lawyer who's have experience in this field

    anyway, many websites so this so maybe you can see their terms & conditions as a guide

    I am sure many youtube users upload videos that are not theirs. Photohosting sites like photobucket or flickr will also have users uploading photos that don't belong to them

  3. #3
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    Default Re: Photo Sharing Violation

    Quote Originally Posted by lioneysg View Post
    Let's say I own a photo sharing website.

    If my website's terms has stated that "all uploaded photos should be fully owned by the user who upload the photo". If a user uploaded other people's photo without our notice (which might happen for sure) and the real photo owner filled a sue to us, who should hold the responsible?

    What is the best way to protect our website from this kind of scenario?

    What is the best statement in the term of our website to protect us from the scenario above?
    not your website fault. you can't verify. just tell the real photo owner you can remove the photo provided he can prove he is the real owner.

    he sue liao not likely to win. i doubt he can even claim anything from you. then again, i not lawyer...

    if u have 1000 photos, you cant vet all of them. it is ridiculous and illogical. doubt you will be in trouble, at most ask to remove nia...

  4. #4

    Default Re: Photo Sharing Violation

    Quote Originally Posted by allenleonhart View Post
    not your website fault. you can't verify. just tell the real photo owner you can remove the photo provided he can prove he is the real owner.

    he sue liao not likely to win. i doubt he can even claim anything from you. then again, i not lawyer...

    if u have 1000 photos, you cant vet all of them. it is ridiculous and illogical. doubt you will be in trouble, at most ask to remove nia...
    kam sia for opinion brother.......yeah I think I will consult with a lawyer and read other website terms.......

    after my website is done, I hope all the seniors won't mind if I share it with you guys....

  5. #5
    Deregistered allenleonhart's Avatar
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    Default Re: Photo Sharing Violation

    Quote Originally Posted by lioneysg View Post
    kam sia for opinion brother.......yeah I think I will consult with a lawyer and read other website terms.......

    after my website is done, I hope all the seniors won't mind if I share it with you guys....
    unless, photo uploaded was for commercial purposes. maybe just ordered to pay a fee to him for compensation at best i guess...

  6. #6

    Default Re: Photo Sharing Violation

    Spend some time and think of all likely scenerios, write it down and then consult with your lawyer the method of delivery, ie users clicking "I accept the TnC" and then word the disclaimer properly to protect you.
    WTB Manfrotto RC4 L Bracket

  7. #7

    Default Re: Photo Sharing Violation

    You may want to review the Singapore Copyright Act. There is something about NSP which may apply to your question. T&C may not necessarily cover everything.

  8. #8

    Default Re: Photo Sharing Violation

    Quote Originally Posted by lioneysg View Post
    Let's say I own a photo sharing website.

    If my website's terms has stated that "all uploaded photos should be fully owned by the user who upload the photo". If a user uploaded other people's photo without our notice (which might happen for sure) and the real photo owner filled a sue to us, who should hold the responsible?

    What is the best way to protect our website from this kind of scenario?

    What is the best statement in the term of our website to protect us from the scenario above?
    Regardless if it is your fault or not, if u are sue for something, one thing for sure, be prepare have lots of money for the court case if it end up in court.

    So it comes down on how much do u have to proof that you are innocent.

    Check with ur lawyer.

    Hart

  9. #9
    Deregistered allenleonhart's Avatar
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    Default Re: Photo Sharing Violation

    Quote Originally Posted by Agetan View Post
    Regardless if it is your fault or not, if u are sue for something, one thing for sure, be prepare have lots of money for the court case if it end up in court.

    So it comes down on how much do u have to proof that you are innocent.

    Check with ur lawyer.

    Hart
    or u can say you took an insurance for lawsuits that would otherwise be filed. tell the other party, get ready his money!

  10. #10
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    Default Re: Photo Sharing Violation

    Consult with a lawyer who specialises in Copyright and the Internet. A TOS may not be enough to save you if someone really goes for a kill, however by adding a simple checkbox stating that the user has read the TOS and agrees to its conditions will help. Also having the same checkbox on uploads with something such as "I am the copyright holder of the image(s) I am about to upload and I indemnify XYZ website of any legal repercussions may also be of benefit. Also in your TOS or on your site have a clearly marked section about copyright and the illegality of posting copyright works that the poster does not have the rights to post and so on.
    The Ang Moh from Hell
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  11. #11
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    Default Re: Photo Sharing Violation

    Do some simple research, try to upload/sell your pix to a few of the more well known sites and see what are their T&C are and use it as a guide (they usually will ask you to provide a release), you may also find some T&C which you did not think of in the first place.
    I get paid more shooting part time ...... damn, I should find more time to shoot part time

  12. #12

    Default Re: Photo Sharing Violation

    Quote Originally Posted by allenleonhart View Post
    or u can say you took an insurance for lawsuits that would otherwise be filed. tell the other party, get ready his money!
    I don't even know if anyone will insure things like that.

    Even if you take the insurance and if proven that you are the party that is negligence, you can get it too... law is too many areas which I don't understand nor trying to understand. Best to leave it to lawyer to handle it.

    At the end of the day, it is money...

    It isn't as simple and as straight forward.

    Hart

  13. #13

    Default

    Yes consulting a lawyer is safer, some money are just not meant to be saved. Even if there is an insurance which cover, it only cover to a certain degree. There would always be clause which protect insurer, ultimately they are still there to earn premiums. I remember a friend who tried to claim a travel insurance then was rejected as he didn't met the exact criteria.

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