Hotlinking and DMCA

[skunker]

What is the name of your state? Texas

Hey guys,

1. Does DMCA also protect a website if the website allows its 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?

 

[divgradcurl]

What is the name of your state? Texas

Hey guys,

1. Does DMCA also protect a website if the website allows its 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?

I am not sure what you are asking here. If you are hosting copyrighted material, and if you follow the rules under the DMCA about removing copyrighted materials when properly notified, then you should be protected.

 

[FlyingRon]

He's asking about showing materials which appear to be on his site but in fact are stored on someone elses.

Frankly, if I got a NOCI for something I wasn't sure was mine, I'd pull the link even if it is stored elsewhere.

 

[skunker]

Close. I am talking about material that IS stored on my site, but appears to be stored on someone else's site (embedded). For example, I could go to youtube and grab a video and paste the link here so it embeds the video into the his post. It looks like the video is hosted at freeadvice.com.

So, in a sense, a violated photo could be posted in over 10,000 websites due to one link that is made available on the originating website.

Still, at the end of the day, all it takes if for the originating website to delete the file so those 10,000 links would dissapear automatically (since they were embedded as a source from the originating website).

Lets say a member uploaded an exclusive picture that was going to roll out in some national magazine. This magazine paid $100000 for the exclusive rights, yet, the website makes available this picture and over 10,000 websites embed this pic onto their own websites.

This would be a very pissed off magazine company that probably lost thousands and thousands of dollars. But they can't do much cuz of DMCA? This kinda sucks for them....it seems like DMCA benefits websites a little too much. The websites would encourage these kinds of things because it brings in the traffic, word of mouth and revenue from ads! Yet, they are protected by DMCA.

 

[divgradcurl]

Close. I am talking about material that IS stored on my site, but appears to be stored on someone else's site (embedded). For example, I could go to youtube and grab a video and paste the link here so it embeds the video into the his post. It looks like the video is hosted at freeadvice.com.

So, in a sense, a violated photo could be posted in over 10,000 websites due to one link that is made available on the originating website.

Still, at the end of the day, all it takes if for the originating website to delete the file so those 10,000 links would dissapear automatically (since they were embedded as a source from the originating website).

Lets say a member uploaded an exclusive picture that was going to roll out in some national magazine. This magazine paid $100000 for the exclusive rights, yet, the website makes available this picture and over 10,000 websites embed this pic onto their own websites.

This would be a very pissed off magazine company that probably lost thousands and thousands of dollars. But they can't do much cuz of DMCA? This kinda sucks for them....it seems like DMCA benefits websites a little too much. The websites would encourage these kinds of things because it brings in the traffic, word of mouth and revenue from ads! Yet, they are protected by DMCA.

The magazine company could still presumabely sue the person who first uploaded the picture in the first place, they just couldn't sue any of the websites that hosted the pictures if they followed the provisions of the DMCA. If the websites failed to abide by their duties under the DMCA, they could be sued too.

 

[skunker]

The magazine company could still presumabely sue the person who first uploaded the picture in the first place, they just couldn't sue any of the websites that hosted the pictures if they followed the provisions of the DMCA. If the websites failed to abide by their duties under the DMCA, they could be sued too.

Yea. I'm still looking for the part of the ACT that says we are required to hand over the user's contact details (email, whatever). What happens if you no longer have the information to this person? As mentioned in another thread, someone uploaded a lot of historical photos 4 years ago and I do not have their contact details nor is it stored on my site anywhere because I have since redesigned the website.

 

[divgradcurl]

Yea. I'm still looking for the part of the ACT that says we are required to hand over the user's contact details (email, whatever). What happens if you no longer have the information to this person? As mentioned in another thread, someone uploaded a lot of historical photos 4 years ago and I do not have their contact details nor is it stored on my site anywhere because I have since redesigned the website.

17 U.S.C. 512(h)(5).