copyright dmca media
Who gets in trouble if a user uploads pirated content on an open platform?
<p>I have made this site similar to Youtube/Instagram where users can upload photos/videos to their profile and share it with others.</p>
<p>Recently, some users have started to pirate content (some have started uploading Spongebob Episodes, Minion Movies, Hotel Transylvania Movies, etc). From these uploads, I am worried about being sued for copyright infringement.</p>
<p>In my terms however, I state that the platform holds no liability for content uploaded, and I strongly suggest users to hold rights to the media they upload. Even after this, I am still worried that I could get in trouble for the content my users upload.</p>
<p>So in the case of uploaded copyright infringement, will the platform also get in trouble?</p>
<p>(Servers are in the U.S., users view/upload content from across the world)</p>

<p>The platform will get in trouble for copyright infringement. The disclaimer that you are not liable does not work, legally, since the person suing you hasn't agreed to the TOS on your webpage. You can be sued for &quot;secondary infringement&quot;, meaning that not only the uploader but also you the service provider are liable.</p>
<p>The solution to this quandry is the &quot;<a href="https://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act#Safe_harbor_provision_for_online_storage_-_%C2%A7_512(c)" rel="noreferrer">DMCA safe harbor</a>&quot;, a set of rules which, if you follow them, you won't be held liable. The specific piece of law is <a href="https://www.law.cornell.edu/uscode/text/17/512" rel="noreferrer">here</a>. The essence of the rules is that you have to have a &quot;designated agent&quot; who receives takedown notices: if a copyright owner finds their stuff on your page, they officially notify you, then you take the material down – expeditiously (no dawdling). You notify the uploader, they either accept the takedown or file a counterclaim, you notify the rights-holder, there's a waiting period, then the rights holder can file a lawsuit, or not. If the rights-holder doesn't file suit, you can put the material back up.</p>
<p>You cannot rely solely on the intricate DMCA notice / counter-notice dance, because under para (c)(1)(A)(ii) of §512, you also must not be &quot;aware of facts or circumstances from which infringing activity is apparent&quot;.</p>
