In many countries, including the U.S., the users owns the copyright, regardless.
However, by uploading, the users are granting a license* for the site to use it.
* often such license is, and often assumed to be, non-revocable, which can cause users problems later ... ie. a future request to delete / stop distributing their uploaded content could be refused by the site leading to much hassle.
As for liability exposure for the site ... hosting user uploaded adult content is often legally safer than produced content when the website is acting, as defined by the DMCA, as an internet service provider (ISP) and has registered their ISP (including the domain names they host user content on) with the U.S. Copyright Office. Google DMCA safe harbor for more details.
On a related topic, upload sites can often skirt 2257 record keeping requirements.
Ron
__________________
Domagon - Website Management and Domain Name Sales
|