Uploading pictures to my forum

[Agent Smith]

What is the name of your state (only U.S. law)? Colorado.

Hi, I run a forum using the phpBB forum software. I allow attachments to this forum. This forum is largely a picture sharing forum and a lot of pictures that are uploaded to my forum come from other picture sharing websites such as Tumblr. I asked on the phpBB forum about this and I got this bit of text to add to my forum terms which I have done.

With respect to any content that you elect to post on mywebsite.com, you, as a member, grant a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to reproduce, modify, adapt, edit, publish, translate or distribute such content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, and you waive your moral rights to object to any derogatory treatment, or to be identified as the author, of that content. If you do not want to grant the permission set out above, please do not post or share your content on mywebsite.com.

Is this something that will protect me at all? Or should I have some sort of text that states you will not upload copyrighted material?

Does this protect me in regards to personal pictures upload to my forum?

Also, what about avatars? These are small pictures above your username. Do I need to stipulate what can and can not be used for an avatar? I've been a member on many forums and don't recall any such circumstance where avatars were a problem.

Thanks!

 

[FlyingRon]

It doesn't do much one way or another.

What you want to do is make sure that you have a prominent procedure for those who wish to report copyright violations to do so and that you monitor it and remove offending material promptly.

Google "OCILLA" for more information.

 

[quincy]

What is the name of your state (only U.S. law)? Colorado.

Hi, I run a forum using the phpBB forum software. I allow attachments to this forum. This forum is largely a picture sharing forum and a lot of pictures that are uploaded to my forum come from other picture sharing websites such as Tumblr. I asked on the phpBB forum about this and I got this bit of text to add to my forum terms which I have done. ...

... Is this something that will protect me at all? Or should I have some sort of text that states you will not upload copyrighted material?

Does this protect me in regards to personal pictures upload to my forum?

Also, what about avatars? These are small pictures above your username. Do I need to stipulate what can and can not be used for an avatar? I've been a member on many forums and don't recall any such circumstance where avatars were a problem.

Thanks!

If you want to best protect your forum, you would be smart to invest in a legal professional's carefully drafted user agreement. You not only will want your agreement to prohibit the users of your site from contributing any infringing content, you also want to prohibit your users from contributing ANY illegal content.

Your site will be offered some immunity from suit through the Communication Decency Act's Section 230, if you do not contribute to, or encourage, the publishing of content that violates the law. Here is a link from the Digital Media Law Project with information on Section 230: http://www.dmlp.org/legal-guide/immunity-online-publisher-under-communications-decency-act

To take advantage of the safe harbor protection offered a website under the Digital Millennium Copyright Act, you will want to register with the US Copyright Office and respond as needed to any DMCA takedown notice. Here is a link to 17 US Code Section 512: https://www.law.cornell.edu/uscode/text/17/512

You would also be smart to have insurance enough to cover you and your site in case you are sued for direct, contributory or vicarious copyright infringement or defamation or invasion of privacy or trademark infringement or any other legal action that might arise over your site's content, this despite your best efforts to protect yourself from suit.

Good luck with your forum.

 

[Agent Smith]

Okay, thanks.

Now I have heard of Pro bono where an attorney provides legal serves for free for so many hours. Is this something I could take advantage of to draft up new terms for my website regarding uploads?

I don't have very much money to afford an attorney, and in fact I am on SSI and food stamps at this time sorry to say. Currently working on a medical issue.

Thanks again!

 

[OHRoadwarrior]

I would also add notice and a method so that anyone claiming copyright to posted material can easily notify and supply you proof, so you can remove the material ASAP. This will show you are serious about misuse of their rights.

 

[quincy]

Okay, thanks.

Now I have heard of Pro bono where an attorney provides legal serves for free for so many hours. Is this something I could take advantage of to draft up new terms for my website regarding uploads?

I don't have very much money to afford an attorney, and in fact I am on SSI and food stamps at this time sorry to say. Currently working on a medical issue.

Thanks again!

First to OHRoadwarrior: That is what the DMCA is for. I provided a link to the law which describes the takedown procedure for both copyright holders and the sites that inadvertently host infringing material. I agree that this should be part of the terms and conditions for the site.

Agent Smith, you might be able to find a legal aid clinic that can assist you (do you have a law school in your area?) and you might be able to locate an attorney who is willing to work for you on an "as needed" hourly rate basis, so that you do not have to invest a lot of money upfront in a retainer fee, or you might find an attorney who will work out a payment plan. This might require some calling around to find an attorney willing to work under your terms and within your budget but I know there are some attorneys out there who will do this.

You might want to look at forums that are similar to yours and read through their terms and conditions and legal notices to see how they have addressed the IP issues. But, again, you are best off having an attorney in your area draft something that fits your own specific legal needs instead of relying on what you read elsewhere for your forum.

Good luck.

 

[Agent Smith]

Yeah, I just looked at pinterest's terms and they do have verbiage that states how you can have your copyrighted materiel taken down. So I'm thinking about adding that to my terms. I won't post pinterest's link here because the terms on this site... LOL say I might have to pay $250? or something. But if you go to pinterest's main page, at the bottom the terms link it has the verbiage.

 

[quincy]

Yeah, I just looked at pinterest's terms and they do have verbiage that states how you can have your copyrighted materiel taken down. So I'm thinking about adding that to my terms. I won't post pinterest's link here because the terms on this site... LOL say I might have to pay $250? or something. But if you go to pinterest's main page, at the bottom the terms link it has the verbiage.

I am glad you have been checking out similar sites to see how they are protecting themselves through their legal notices and terms and conditions.

You can take the ideas you find in other sites' terms and conditions and have them reworded and worked into your own terms and conditions for your forum. Again, it is best if you have a legal professional help you structure the legal agreement you will be using to protect your forum. This is for your protection so you don't want to leave anything necessary out.

Good luck, Agent Smith.