Surfer Submitted Content - Questions Again
 

This is something I've asked before but never truly received a definitive answer.

I run a few sites where members are screaming out to upload their pics.

What I have in mind is something very similar to amateuralbum.net

Can anyone explain how I can do this without getting into legal trouble?

The only way I can think is to allow uploads of clothed pics that are not sexually suggestive. Not very fun!!

clothes or not;
wether it's legal or it aint

Actually there is no way to check unless YOU control it and have license agreements, 2257 etc.

I understand as much.

How is it that we have so many sites doing this though?

And if the people are clothed and not sexually suggestive, those do not need 2257 docs, right?

correct, but let's have a playboy cover model with (c) as an example (fully clothed)
It's the (c) that matters. It's somebody's (c)
Even with amateurs that send in their own stuff; when friends/neigbours/family/collegues start to bug them (or break-up/divorce) , they want it removed and blame you for their own mistake

dmca protection...

As long as it is user submitted you do not need 2257 docs..

Talk to your lawyer, it is actually a very simple loophole to stay in..

Now this is something I understand.

Trouble is I don't have an internet lawyer.

Recommend one?

Or where I can learn more about it to figure it out myself..?

"loophole"
also true but I don't recommend it
1) it's my business
2) laws change
3) could be expensive in a later stage when a lawsuit with changed laws hit you

The simplest solution would be to move to Russia.

But I should be safe as long as the people are clothed and its not implying anything sexual, right?

ie PlentyofFish type images..

You are right about that.. Def things to think about..

:1orglaugh

Maybe!

But you and I define simple differently!!!

Copyright laws don't exist in Nigeria, Israel & Thailand as far as I know.
Russia just doesn't bother about it as I am aware of the situation.

Here is the thing... If McCain is elected, our industry in the US is going to do a 360 anyways... If Obama wins... Then the loophole will remain....

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.

You can find the WPO copyright treaty here. The full text as well as a pdf with contracting parties.

Another one is TRIPS.

And for the United States you´ll find some information here.

You've been extremely helpful indeed. I think this is the best advice I've had simply because it most certainly pertains to me. Right now I'm in Malta but could be in Cyprus or the UK in 6 months.

I'm going to read your links and then try to find a European internet lawyer (who wont charge the earth).

I can´t log in into my ICQ at the moment, but you can drop me an e-mail to info [at] ae-media.com and I can help you out finding a lawyer.

user uploaded content can make you big problems...

That's awesome - thanks very much! :thumbsup :)