How to Safeguard Your Commercial Website from Copyright Infringement Lawsuits

As a commercial website owner, you face the challenge of ensuring that the content uploaded by your users does not infringe on others' copyrights. The Digital Millennium Copyright Act (DMCA) offers protection through its 'safe harbor' provisions, but it's crucial to understand the legal nuances involved. In this article, we will explore practical steps to protect your website and prevent copyright infringement lawsuits.

Understanding Legal Protection vs. Prevention and Removal

From a strictly legal standpoint, you have no authority or right to remove copyrighted material from your site without express written permission from the copyright holder. Contravening this could make you guilty of copyright infringement, potentially leading to legal action. Even if the material turns out to be stolen, you would likely lose a case.

The phrase 'All Rights Reserved' is significant. It clarifies that you, as the website owner, have the authority to authoritatively act as the copyright police only with the proper authorization. To mitigate legal risks, post a clear legal disclaimer on your website, stating that you will report any suspected copyright infringement to the appropriate authorities.

Enhancing Your Website's Security

To prevent direct uploads of potentially infringing content, have a system in place where user-submitted content undergoes review before publication. This approach makes it easier to monitor and filter inappropriate content. This is similar to what you do for comments and guest posts, where you review content before allowing it to go live.

In addition to content review, consider implementing a signed form in your content agreements. This form should include provisions that give you the right to sell or distribute the content and specify the level of compensation for artists. Legal contracts should include an indemnification clause to shift responsibility to the user in case of any legal issues. Requiring the user to provide identification can further enhance security.

Choosing the Right Parties for Content Agreements

When deciding who to enter into content agreements with, consider the safety and cost implications. For instance, dealing with corporate entities can be riskier because they might absorb legal costs, whereas individual creators are more directly accountable. However, this depends on the jurisdiction and specific circumstances of your business.

If you're operating in a country like Canada, as the author of this article did, consider the risks posed by dealing with corporate entities. Corporate entities might absorb legal costs, driving up your expenses. Therefore, dealing with individuals might pose a lower risk, as you would deal with people who are more likely to have personal resources to invest in the business.

In conclusion, protecting your commercial website from copyright infringement involves a multifaceted approach. By understanding the legal landscape and implementing robust measures, you can safeguard your site and protect against lawsuits.