Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Do you have any form of copyright disclaimer in your current terms and conditions? Kind regards AJ
Hi, Thank you. You can be held liable by a copyright owner for publishing and using an image that breaches a third party IP right. What you want in your terms and conditions is wording the states the following from your customers:
(i) The customers warrant to "company" that it has all rights licences and permissions to use any materials, pictures, or any other intellectual property ("input materials") uploaded or supplied to your company in the provision of the services;
(ii) The customer further warrants than none of the input materials breach the intellectual property rights of any third party, or are defamatory or obscene;
(iii) The company reserves the right at any time and in its absolute discretion (and without any liability to the customer) to refuse to accept any input materials and/or remove the input materials from the company's website;
(iv) The customer shall indemnify and hold the company harmless against any costs, losses, expenses (including legal expenses) arising from any breach of the warranties in (i) & (ii) above and/or the company exercising its rights under (iii).
Accepting IP from another person is always a risk, and you could be liable to a third party if the person providing you with the material does not have permission to do so. That said being diligent and removing any material that you have been notified is infringing someone elses property will help protect you against a claim. The indemnity above will allow you to recover your losses from customer, but it is only as good as the solvency of that customer, i.e if the customer does not have any money they wont be able to cover your damages any way. Kind regards AJ