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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3771
Experience:  Solicitors 2 years plus PQE
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We are a web development company that also hosts sites. Our

Resolved Question:

We are a web development company that also hosts sites. Our T&C's clearly state that all our clients must ensure that any content or images are copyright to them or they have paid for the right and we can not be held liable. We have just had a call saying a client is breaching copyright on images so I have stated they need to take this to the client not us as we are not able to confirm but if they get a court order we would then remove the images but not before. Is this the correct thing to do?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Technically speaking you can be sued for using the material in your customers websites, as you are using the material in the course of business. That said it is your customers website and they have requested that you use this material and given you assurances they are entitled to - if the owner of the copyright sued you, you would have to in turn sue your customer. However in this circumstance you have done the right thing, and it is for the customer to remedy the issue. What you need to do in the future: (i) Ask all customers for an Indemnity in respect of any third party claims for IP infringement (ii) Reserve the right in your absolute discretion to suspend or remove any website or content that you believe is infringing third party IP rights. In the mean time, say to the customer 1. either consent to you removing the website until the matter is resolved or 2. you will hold them liable for any losses costs or expenses arising from any claim against you. Kind regards AJ
Customer: replied 1 year ago.
Thank you
Expert:  Alex J. replied 1 year ago.
Hi, Can I assist you any further? I would be most grateful if you could rate my answer? Thank you kind regards AJ
Customer: replied 1 year ago.
I dont need anything else thank you for your advice on this. The site isnt allowing me to rate you but if and when it does i am happy to rate you.ThanksDavid
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. You should be able to rate me now? If I can assist any further please let me know? Kind regards AJ
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