Suing a Website Owner

Sue Webmtaster

[dailypress]

Question 1: Can a corporation or person sue the owner of a website without giving any notice? For example, if a webmaster uploads a content that is copyrighted, could he/she be sued? Or would he/she be notified to remove the content first?

Question 2: Could one add the "copyright symbol + Their Website" on a picture or video clip and post it on the web without being sued?
Is doing so illegal? Or would the fake copyright symbol just be meaningless and cause no harm?

Question 3: If you have a dynamic website where visitors upload material and you also state on your website that you do not take responsibility for the users content and copyright, can anyone sue you? In contrast of what you stated on your website, do you really have to take responsibility of the users content? If someone contacts you to remove the material how would you respond and take action?

[bcc1234]

You can get sued without any notice. The only notice you get is a knock on the door when the summons and a complaint is delivered to you.

[dailypress]

Do you have any website that could explain in more detail? I would like to learn more.

[edited by: dailypress at 9:06 pm (utc) on Dec. 4, 2006]

[stajer]

1. yes, you can be sued without notice.

2. has no effect - if the content is someone else's copyright, you can be sued. Trying to pass it off as your own may lead to more damages at a trial.

3. The digital millennium copyright act (DMCA) grants you limited protection in this area. Google it.

[abbeyvet]

You need a lawyer to get definitive answers to those questions, or maybe even just to argue it out with another lawyer before a judge, since I doubt all of them as stated even have straight answers.

Is doing so illegal? Or would the fake copyright symbol just be meaningless and cause no harm?

Copyright is never meaningless. It doesn't require a symbol.

Putting a copyright symbol on something to which you don't hold copyright may or may not be illegal, it's kind of irrelevent anyway since using someone else's copyrighted material without their express permission is DEFINITELY copyright infringement, even if you credit it to THEM with a symbol in the copyright.

If someone contacts you to remove the material how would you respond and take action?

If in ANY doubt about copyright, remove the material, even if only pending review.

[dailypress]

What if the Picture/Video is found through Google search and there is no sign/symbol of Copyright. Would I be able to add my own website on the picture/video and upload it on my server?

[abbeyvet]

No. Unless it is expressly stated that there is no copyright or that there is a form of copyright that permits you to use it, then you have to assume that you cannot.

Not knowing who holds the copyright or what the terms of the copyright are does not mean you can go right ahead and use it.

[dailypress]

why not? could you please explain in more detail or refer me to a URL?

[abbeyvet]

For a start off - search Google for "10 big myths about copyright explained".

[dailypress]

thanks for your help/advice guys. I would like to hear more regarding this issue.
Does that mean all the content on your website belongs to you? Or do you surf the web or receive emails and upload the material to your server?
How strict is this issue. I feel a bit worried now.

[bobothecat]

why not? could you please explain in more detail or refer me to a URL?

[copyright.gov...]
[en.wikipedia.org...]

[dailypress]

what if you take the material off another website that has tons of pictures/videos and has no copyright! Would he/she be responsible for uploading the material?
Im a bit confused because I have seen several websites that host funny video clips or interesting pictures and have added their website signature on all!
Could someone please explain in more detail?

[abbeyvet]

Does that mean all the content on your website belongs to you?

No, it means it either belongs to me, or I have the permission of another person to use it, or I have purchased the rights to use it.

If you are in trouble of this kind that may turn out both serious and expensive, get legal advice asap.

[dailypress]

how would you get permission from another webmaster that gathers all video/pictures from other websites w/o permission im assuming!

Do you save their email giving you written permission?

[bobothecat]

Hopefully this subject doesn't have to do with you 'expanding' your website:

[webmasterworld.com...]

If you're being sued, or are suing... this is not the place to ask for legal advise. You need to consult an attorney/solicitor.

[jomaxx]

Let's go back to basics. If it doesn't belong to you, you can't take it without permission. That seems clear enough.

There are a handful of exceptions, the main one being published works that are so old they've fallen into the public domain. Not too many funny videos in that category, though.

[dailypress]

Im not being sued, or suing either. However, I was concerned because I have uploaded a few funny videos/pictures which I received through email or gathered from other websites. I was also planning to start a new website. I will look into it and contact the webmasters for permission.
btw, I think this is an important issue to discuss (in webmasterworld forum). Where else?
THanks.

[jomaxx]

Note that you have to get permission from the copyright owner (normally the creator), not the website where you found the video. They probably don't own it any more than you would if you slapped your name on it.

[skunker]

You can even be sued even if the item is in the PUBLIC DOMAIN. This happens if you breach a RIGHT OF PUBLICITY or TRADEMARK law. For example, if you have a photograph taken in 1938 that shows a New York deli decked in Coca-Cola logos throughout the window, you can be sued by Coca Cola since they own the trademark. Also, if you have an old photograph of Babe Ruth and you use it in a TV commercial or on some type of product, you can be sued by Ruth's estate.

Nothing is ever ever FREE. Just got to know how to navigate...but always talk to attorney.

[hunderdown]

Im a bit confused because I have seen several websites that host funny video clips or interesting pictures and have added their website signature on all!

As my mother used to tell me, just because someone else does it doesn't make it right! Those sites may just not have gotten in trouble yet, or they may actually own the copyright, or they may have permission.

There are copyright violations all over the Internet, but if you are running a web site that you'd like to develop, that's not a good model to follow.... Follow the links posted earlier and do some reading. Copyright law can seem complicated, but the basic principles are fairly simple.