Customers that what copyrighted images reproduced?

[jbdesign82]

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

I'm in the process of creating a website in which users can upload their own images to create decals and tee shirts. When an image is uploaded, the user must click "I agree" on a statement such as "I own, or have permission from the copyright holder to use, this image for the purposes described on this website"

So as the website owner, what responsibility do I have to ensure they do in fact have permission? Is their electronic agreement enough? If they do agree and later I come to find out that they lied and I produced a tee-shirt using a copyrighted image, would I be liable for that or would it be on the user who uploaded the image? I understand some websites can obtain "safe harbor" meaning they aren't responsible if users post copyrighted images. But would safe harbor apply to a website when they are not just posting images, but I am producing goods with that image?

 

[quincy]

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

I'm in the process of creating a website in which users can upload their own images to create decals and tee shirts. When an image is uploaded, the user must click "I agree" on a statement such as "I own, or have permission from the copyright holder to use, this image for the purposes described on this website"

So as the website owner, what responsibility do I have to ensure they do in fact have permission? Is their electronic agreement enough? If they do agree and later I come to find out that they lied and I produced a tee-shirt using a copyrighted image, would I be liable for that or would it be on the user who uploaded the image? I understand some websites can obtain "safe harbor" meaning they aren't responsible if users post copyrighted images. But would safe harbor apply to a website when they are not just posting images, but I am producing goods with that image?

The electronic agreement, and the Communications Decency Act section 230, provide you with defenses to infringement but nothing prevents a copyright holder from suing you anyway.