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My web-app allows users to add images to their profile, either by uploading from their computer or providing a URL to the image. When a URL is provided, the user would choose between the following two options:

i) Copy the image to my server - The user does not want to be responsible for hosting the image but still want to use it in the web-app.

ii) Not copy the image and load the image every time from the URL that was provided - The user would rather host the image themself (such as a photo of the user's kids).

What is my legal responsibility with each of these two options? With i), I am transferring an image from somewhere on the net to my own server. With ii), I am using an image that is located on someone else's server in my web-app.

I am situated in Australia.

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2 Answers

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Actually, (and this is still a US answer), online service providers have safe harbour protection against that sort of thing. To quote Wikipedia:

DMCA Title II, the Online Copyright Infringement Liability Limitation Act ("OCILLA"), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder's agent. OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users upon notice from such users claiming that the material in question is not, in fact, infringing. OCILLA also provides for subpoenas to OSPs to provide their users' identity.

(See http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act#Title_II:_Online_Copyright_Infringement_Liability_Limitation_Act)

I would guess that Australia has similar protections - the key words to search for are 'safe harbour' when looking up the law relating to this.

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I am going to give you the USA answer, since i am in the states. Here you are responsible for what you have in your possession. So if someone uploads kidde porn, its essentially your burden to prove its not yours. If someone uploads Adobe CS5 its your burden to prove you are not voilating copyrights.

Sites such as youtube go as far as listening to sound tracks on uploads to make sure that they are not voilating copyright. You can either do this manually, or eventually programatically.

If you are going to get into the business of hosting content that is questionable, make sure that you setup your business in a VERY Friendly jurisdiction that allows for this. Look up the IP servers for your favorite PORN site or CASINO site and you will get an idea of what countries make most sense.

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