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Your Legal Rights
when someone is using your pictures on their web site |
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A letter Chris prepared for a client to
sent to an infringing web site owner |
| Your responsibility once notified of a copyright violation is clearly
defined, under Title II of the Digital Millennium Copyright Act (17 U.S.C.
511 et seq.). (To
view a complete copy of the DMCA ) If you do not follow the "notice
and takedown" provisions; your company becomes liable for the
infringement. I even have the right to contact your upstream provider of
Internet access, and request that they terminate your account if this
infringement continues. |
| Digital Millennium Copyright Act gives me, as the copyright holder, the
right to seek financial damages against any ISP or host as contributory or
vicarious copyright infringer, if they fail to immediately remove the
offending material. As a web host or ISP you can avoid financial liability
if one of your subscribers offers an infringing copy online by immediately
taking down the unauthorized material. |
| Title II of the DMCA also requires you to implement a policy of
terminating the accounts of subscribers who are repeat infringers. |
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| For a good review of how you can protect yourself from this situation
in the future, you can read the article "When
Is an ISP Liable for the Acts of Its Subscribers? " |
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ISP's and web hosts can be found through
SamSpade.org |
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Researched by
Chris Maher |
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Our list of free
things you can do to protect your images on the web |
