Question
bonjour everyone!
I am an IT developer based in Toronto. For some time now I have been working on a app/online framework for a social network specifically tailored towards photographers. The product will also include some licensing functions for those who would like to monetize their pictures.
I would like to know how I would be able to protect my company running the app and the online service against copyright or other claims, when user-uploaded pictures include copyrighted material by third persons, such as architecture, paintings, and such, or offensive or otherwise illegal or damaging material? Is it enough for me to include relevant disclaimers in my Terms and Conditions? The service would, at least in the beginning, be available in Canada and the US.
Thank you for any insight.
Answers: 1 public & 0 private
Hi Maggie
In addition to seeking legal advice, you should make it clear in your terms and conditions to users that the onus will be on them to idemnify you for IP violation if you are sued. How you would follow this through in reality may be a challenge but this are the kind of terms social media sites like Facebook have with its users.
It would be wise to also include details on your site of procedures you have in place for dealing with IP disputes. Ideally, you don't want to be pushed straight into litigation, it should follow something like - giving you the ability to try to resolve the issue yourself first e.g. removing disputed content, secondly - the concerned parties going down a mediation/arbitration route first.
Basically, you should plan for worst case scenario even if it never arises - including having insurance but certainly have terms, conditions, notices, FAQ etc. that put users on notice.
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