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Copyright and paid membership sites?

by coreytucker
12 replies
Hi,

im wondering if this is a valid concern. Lets say I create a membership site that cost $10 per month. It has forums and lets users create their own blogs etc. Now lets say some members decide to post images that are copyrighted. Also they copy and paste content from other sites on to my forums. Then they copy and paste text from other sites into the blogs they can create.

Could I get in trouble for running a site like this? I mean im not the one copy and pasting this content but what if my members do? If im charging for this could I get in trouble? Thanks
#copyright #membership #paid #sites
  • Profile picture of the author coreytucker
    would the content users post get me in trouble? Like I know people do this all the time on free sites but my site is paid. Does that change things?
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  • Profile picture of the author edv
    I think that this is only problem if it is clearly visible that the thing posted is Copyright material. It wouldn't be a valid sue if there is no way you could have known that the material is under Copyrights. However if someone (owner) warns you about it, you should remove it. On the other hand look at other big sites like piratebay. It was very hard to build a case even against them.
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  • Profile picture of the author coreytucker
    well people copy and paste things on sites even like this. But im worried having members pay to be part of it would be bad. As in the owners would look at it as if "members are paying to see their free content." When in reality it's just a community sharing information they find.
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    • Profile picture of the author Kay King
      If you allow members - paid or unpaid - to post copyrighted material on a platform you own - wouldn't be surprised if you have some liability.

      I'd check with a legal eagle to see if you could be protected by legal terms of service and how diligent you would have to be about monitoring for violations.

      kay
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  • Profile picture of the author coreytucker
    what about people posting avatars on forums? Many people dont own them and yet they use them on all kinds of sites/forums.
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    • Profile picture of the author donhx
      No, you are likely to be okay under the "Safe Harbor" provisions of the Millennium Copyright Act (1998). If someone issues a Cease and Desist order, then you must take it down, but otherwise you probably have no liability.

      This sort of thing happens all day every day at YouTube. People post copyrighted material and it is taken down if the copyright holder sends a C&D Order.

      I'm not a lawyer and you may need one, but in the meantime check out this this summary of the law, mainly Title II. Digital Millennium Copyright Act - Wikipedia, the free encyclopedia

      After that, check the U.S. Copyright Office web site to see how the law applies in your case. The same law that YouTube and other sites follow will also likely apply to you.
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      • Profile picture of the author Dan C. Rinnert
        I am not an attorney but donhx is likey right. You will likely be protected under the "safe harbor" provisions of DMCA.

        I would highly recommend that you talk to an attorney and have your terms of service written by an attorney to make sure you're covered. The wrong terms could open you up to liability rather than protect you, so it's definitely a case where the expense of an attorney will be well worth your while.
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  • Profile picture of the author coreytucker
    thanks donhx. I would imagine this sort of stuff goes on all the time on all sorts of forums. I mean I know all the forums I visit people copy and paste content from another site and dont even link back etc.
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  • Profile picture of the author coreytucker
    so basically if I create a "terms of service" it makes it where members who post the copyrighted material are responsible for legal issues and not me?
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  • Profile picture of the author celente
    yes corey.

    You should get them (your users) to sign an agreeemtn and make sure they know the rules first.

    I have a membership site fo $97 a month, these guys are great and treat me and other members with respect. They do not want to get kicked off the site and banned and waist that $97 worth. So they are very careful. Again i get them to agree apon sign up and have the copy rights in the sticky forum post section of my membership site.

    Hope that helps. You will never get rid of the fact someone might break the rules...but remember you are the master of the ship. If people do no respect that they need to go. Kinda like have a serial refunder on your list. Better just to wipe them out completey. They are more of a hiderance then a help.
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    • Profile picture of the author donhx
      Originally Posted by celente View Post

      yes corey.

      You should get them (your users) to sign an agreeemtn and make sure they know the rules first.

      I have a membership site fo $97 a month, these guys are great and treat me and other members with respect. They do not want to get kicked off the site and banned and waist that $97 worth. So they are very careful. Again i get them to agree apon sign up and have the copy rights in the sticky forum post section of my membership site.

      Hope that helps. You will never get rid of the fact someone might break the rules...but remember you are the master of the ship. If people do no respect that they need to go. Kinda like have a serial refunder on your list. Better just to wipe them out completey. They are more of a hiderance then a help.
      No one actually "signs an agreement." The Terms of Service (TOS) says copyrighted material is illegal and if they use the site they will abide by the TOS. See the YouTube TOS and others as a model. Hardly anyone reads a TOS, but by using a site they agree to them by default.
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      • Profile picture of the author Kay King
        My initial impression was that you were encouraging the posting of "content from elsewhere" - if what you are worried about it what members might post, then I'd be less concerned.
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