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DMCA and Copyrights Question

by gracie2339
6 replies
Hi, If I put a DMCA Policy/Removal Request on a website and take down any copyright images requested, can someone still take legal action for the posting of copyright images?
#copyrights #dmca #question
  • Profile picture of the author Steve B
    Murphy's Law would seem to apply to your question:

    "Anything that can go wrong will go wrong."

    Honestly, every circumstance and case is different and if I were you I would consult competent legal assistance to determine how to protect yourself.

    Steve
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  • Profile picture of the author Alexa Smith
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    Originally Posted by gracie2339 View Post

    If I put a DMCA Policy/Removal Request on my website and take down any copyright images requested, can someone still take legal action against me for posting copyright images?
    I'm not a lawyer, but I'm fairly sure the answer's "yes", unfortunately.

    Whether they would is another matter.

    But people like "Getty Images" might, I suppose, if it turned out they owned any? And maybe any celebrities who subscribe to those agencies that scour the web to identify copyright-breaching photos so that their contingent-fee sharks, excuse me - "lawyers", can serve proceedings on people.

    So I think it's all a bit of a minefield.

    Anyway, Steve (above) is quite right and this forum isn't the place to ask for or to take legal advice.
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    • Profile picture of the author sbucciarel
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      Originally Posted by Alexa Smith View Post

      I'm not a lawyer, but I'm fairly sure the answer's "yes", unfortunately.

      Whether they would is another matter.

      But people like "Getty Images" might, I suppose, if it turned out they owned any? And maybe any celebrities who subscribe to those agencies that scour the web to identify copyright-breaching photos so that their contingent-fee sharks, excuse me - "lawyers", can serve proceedings on people.

      So I think it's all a bit of a minefield.

      Anyway, Steve (above) is quite right and this forum isn't the place to ask for or to take legal advice.
      ^^^^^^^
      This. Prior to Getty having a change of heart and deciding that they could not sue the entire Internet, although they tried, they would send a huge bill for any image you used, whether through aggregation, a web designer that stole the image or whatever.

      There are still companies out there that do the same. They don't sue, usually. They threaten you with a lawsuit and send a huge bill for the photo.
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  • Profile picture of the author LuckyIMer
    I believe you can and you will need to provide proofs, you need a lawyer and a lot of money and time will be involved, if the images are taken down, then I do not see why you need to complicate it any further.
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  • Profile picture of the author Everett and Carol
    You definitely want to contact an attorney who specializes in these things. It is much safer to get the right information concerning these issues.
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  • Profile picture of the author ForumGuru
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    Originally Posted by gracie2339 View Post

    Hi, If I put a DMCA Policy/Removal Request on a website and take down any copyright images requested, can someone still take legal action for the posting of copyright images?
    In many cases, sure they can. Taking the image down does not automatically absolve you from further penalty.

    Cheers

    -don
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