Forum Moderators: not2easy
Does DMCA also protect a website if the website allows its potentially copyrighted content to be hotlinked to external sites?
Many of my users want to easily share the content of my website (originating website) on another website (secondary website) by using a direct link from the photo provided from the originating website that is then placed on the secondary website.
Now, I see this 95% of the time on websites using DMCAs. This just doesnt' seem right, though. On the other hand, if the originating website receives a copyright infringement notice, the originating website CAN easily remove the file and it will therefore automatically remove any other hotlinks associated with that file. So, the site does have control in the end.
Anyone have any thoughts?
Does DMCA also protect a website if the website allows its potentially copyrighted content to be hotlinked to external sites?
What do you mean by "allows"? Do you mean "their policies permit hotlinking", or "they take no technical measures to prevent hotlinking"?
The DMCA provides copyright holders a mechanism to have their material removed from sites they haven't given permission to display their copyrighted material.
I assume by "protect", you mean the provision that protects a site owner from legal action, as long as they comply with removal requests.
I can't imagine how hotlinking, not hotlinking, or allowing or not allowing hotlinking enters into this. You adhere to takedown requests, and you are protected, period.
The only question I can see is whether or not the site that does the hotlinking is required to comply with takedown requests. I assume so, as the material is being displayed in the context of their pages.
Is your concern that you have been given permission, (probably as part of your Terms and Conditions for your users), but you feel you might be held responsible if images are hotlinked to a site that DOESN'T have permission? I can't imagine that you'd be responsible, but, just to be sure, make sure your TOS covers that.
Now, I see this 95% of the time on websites using DMCAs.
What are DMCAs? There's only one DMCA - the U.S. Digital Millennium Copyright Act. Do you mean "DMCA takedown requests?"
This just doesnt' seem right, though.
What doesn't seem right?
