Startups Stack Exchange Archive

I want to allow the users to upload (or fetch from a service) an image to go with their blog post. Are there any implications for me if they put there images they don’t own the copyright or is it their problem only?

What about putting a disclaimer if needed? Are there rules for these disclaimers (font size,where to put them etc?)

Answer 10938

In the United States (and often other parts of the world because United States law can be far-reaching), the Digital Millennium Copyright Act governs such situations. Wikipedia has a concise explanation of the part relevant to this question:

Title II: Online Copyright Infringement Liability Limitation Act

DMCA Title II, the Online Copyright Infringement Liability Limitation Act (“OCILLA”), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright infringement liability, provided they meet specific requirements. OSPs must adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to alleged infringing material (or remove such material from their systems) when they receive notification of an infringement claim from a copyright holder or the copyright holder’s agent. OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users when users claim that the material in question is not, in fact, infringing. OCILLA also facilitates issuing of subpoenas against OSPs to provide their users’ identity.

The bottom line is, as a service provider, you are given a safe harbor (a protection from liability) if you follow the rules of the DMCA. This includes taking down content if you are given proper notice (but make sure it’s proper – there are very specific rules).


All content is licensed under CC BY-SA 3.0.