Greetings,
First, this forum is a repository of great advice, we have spent a number of hours reading up on infringement notices to better understand our position, so thank you for the valuable information posted here.
We operate a listing/database service where users submit listings and postings, including comments and reviews for popular food spots in their local area.
We have received an email from PicRights regarding a user submitted image that is apparently the IP of Reuters. The image was immediately removed while we investigate. Now my understanding is that as a service provider, we have limited liability in terms of user hosted content that may infringe on copyright, providing we have mechanisms of report/removal of IP - which we do. Every listing has a report function. Furthermore our terms and conditions / community guidelines prohibit users from uploading copyrighted images and a statement is displayed advising the user to check the copyright status of the image or to ensure they have permission to upload images.
Our website is non-commercial in nature, operated privately. We do not charge for services and do not take any revenue. The fee being requested is £105. Furthermore the demand is addressed to the website and includes a PO Box registered as our privacy service address on the websites WHOIS so the chances of successful serving a claim against us is very low.
Is my understanding of the above enough to warrant us a limited liability / safe harbouring stance?
Many thanks for any guidance in advance.
PicRights licence enquiry notice for user submitted content
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Re: PicRights licence enquiry notice for user submitted content
Hi wingsociety and welcome.
Yes you are correct. If your users can freely post items or reviews and there is no prior moderation by you, then you are not liable provided that you act expeditiously to remove any alleged infringing content - as you have done. You can refer PicRights to articles 14 nand 15 of the EU Ecommerce Directive which was adopted into UK law by the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013) and is retained law within the UK, despite Brexit.
Furthermore you are not obliged to give PicRights any information about the person who uploaded the image, such as their IP addrees or email etc, unless they obtain a court order (a so-called Norwich Pharmacal order)
Yes you are correct. If your users can freely post items or reviews and there is no prior moderation by you, then you are not liable provided that you act expeditiously to remove any alleged infringing content - as you have done. You can refer PicRights to articles 14 nand 15 of the EU Ecommerce Directive which was adopted into UK law by the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013) and is retained law within the UK, despite Brexit.
Furthermore you are not obliged to give PicRights any information about the person who uploaded the image, such as their IP addrees or email etc, unless they obtain a court order (a so-called Norwich Pharmacal order)
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007