Need advice about using copyrightedpirated content hosted on my site

676 votes

Hi,

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards

Advocate Ganesh Singh LawRato

736 votes

The liabilities of your website will differ according to the set up you choose. In case you only allow third parties to host their content on your website and your website is just a platform for such hosting, then you will fall in the category of an Intermediary. As an intermediary, your liability will be limited including removal of the infringing content when you are notified and injunction for hosting the same. However, if your website contains any content created by you and which infringes the rights of a third party, then you shall be liable for the same including copyright infringement, injunction and damages. Further, you need to have adequate terms and policies in place to ensure that your liability is limited. We shall be happy to discuss this with you in detail and advise you according to your specific idea since we have worked with a lot of such websites and have advised them on similar issues.

Advocate Ishani Chandra LawRato

666 votes

Answer lies in CC license and if any of copyright infringement work will be uploaded on your website you and the uploader is responsible for copyright infringement. Even original author sent you legal notice to remove the content the later he can claim damages and sue you for infringement.

you have sit with ip lawyer who have knowledge of national & international jurisdiction & understand your business model liability and route to escape , its started from incorporation like whether you incorporated in india or other country etc, drafting of user term etc

Please take appointment through law rato and meet us to discuss in detail.

Advocate Nischal Arvind Singh LawRato

610 votes

Friend
Usually notice sent first.pl note that there is no legal bar on filing a TM and or copyright case without sending a notice.commercial use of all such material imm invites legal wrangles.you be careful.
You can consult me for specific and detailed advice.
Regs

Advocate Rishi Kulshresth LawRato

876 votes

You have every right to create a website and host contents like videos, songs, pictures, audios and getting revenue generated by ads. Copyright owner has both options at his disposal. Generally, copyright owners first inform with a warning and ask for removal of copyrighted content from the site for which they may or may not give sufficient time. But then, there are always exceptions and some copyright owners directly sue the infringing party. There is no legal bar on owners of intellectual property be it of copyrights or trademarks to file infringement suits against the party who infringes their rights. But usually, they send legal notices first, to avoid waste of time, energy and money on court litigations. Copyright policies of websites vary from site to site. It is upto you how you wish to design your copyright policy. Before posting contents on the site, enter into an assignment or license agreement with the copyright owners as to what and how much content would you upload on the site and in return, what sum of royalty you would pay to the owners for using their copyrighted content.

The liabilities of your website will differ according to the set up you choose. In case you only allow third parties to host their content on your website and your website is just a platform for such hosting, then you will fall in the category of an Intermediary. As an intermediary, your liability will be limited including removal of the infringing content when you are notified and injunction for hosting the same. However, if your website contains any content created by you and which infringes the rights of a third party, then you shall be liable for the same including copyright infringement, injunction and damages. Further, you need to have adequate terms and policies in place to ensure that your liability is limited.

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