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frank7799 · 09-02-2008, 03:00 PM

Providing user uploaded content can be a real problem if you are living in the EU region. First you have to think of copyright. Usually it´s the photographer who is holder of the copyright. You can´t be sure that a user of your site is the photographer and copyright holder. So the user has to warrant that he is holder of the copyright. Even if he does it and he isn´t copyright holder, the real copyright holder can claim an injunctive relief.

Second problem is that all persons appearing in the photo or movie have to agree with a) taking the photograph as such and b) with the publishment of that photo on your site. So you have to make sure the user of your site warrants this as well. If the warranty is false, the persons appearing on the photo can also claim an injunctive relief and maybe indemnity and compensation for personal suffering.

This is for EU regions only and differs from country to country a little bit, but the problem as such is the same. I´m not sure how this is regulated in the US, but there is at least 2257 to observe, so you have to keep valid documents if you won´t bring a US webmaster promoting your site into trouble.

See my girlfriend provides user uploaded content, maybe you can ask them for legal advice.

09-02-2008, 03:00 PM
frank7799 Confirmed User Industry Role: Join Date: Jul 2003 Location: In the middle of nowhere... Posts: 1,974	Providing user uploaded content can be a real problem if you are living in the EU region. First you have to think of copyright. Usually it´s the photographer who is holder of the copyright. You can´t be sure that a user of your site is the photographer and copyright holder. So the user has to warrant that he is holder of the copyright. Even if he does it and he isn´t copyright holder, the real copyright holder can claim an injunctive relief. Second problem is that all persons appearing in the photo or movie have to agree with a) taking the photograph as such and b) with the publishment of that photo on your site. So you have to make sure the user of your site warrants this as well. If the warranty is false, the persons appearing on the photo can also claim an injunctive relief and maybe indemnity and compensation for personal suffering. This is for EU regions only and differs from country to country a little bit, but the problem as such is the same. I´m not sure how this is regulated in the US, but there is at least 2257 to observe, so you have to keep valid documents if you won´t bring a US webmaster promoting your site into trouble. See my girlfriend provides user uploaded content, maybe you can ask them for legal advice.