Copyright infringement a civil matter?

[proboscis]

If you had a contract with a company that gave them the right to temporarily display and sell images that you own, then the contract was terminated, but the company continues to display and sell the images, then does the company's host still have to comply with a DMCA?

The host is saying that since a contract once existed that it is now a civil matter and they don't have to take down the images. They might be right, I haven't heard of this before.

[BigDave]

Copyright IS a civil matter whether or not there was a contract. It is very rare for it to be a criminal matter.

I think what they are telling you is that it is a contract law matter, and not just a copyright matter anymore.

The other party has a contract that gives them the rights to display the content. You have terminated the contract, but the host is not a court so they are in no position to judge. They can argue that it was improperly terminated.

So that contract takes it outside the realm of simple copyright infringement that the DMCA was put in place to prevent.

Talk to a contract/IP lawyer.

[proboscis]

I see, thanks BigDave.