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Hello Fellow Creators,

Does your site rely on members re-posting articles from the net? Well, you might want to re-think that!

I have received a very  threatening letter from some -ambulance chasing attorneys- who claim I have 2 copyrighted photographs that are located within a news article on the NY Post-- this article was reposted on my site by a member.Now let me state that the page where the article is located has all the standard share buttons. These photos have no mention of being copyrighted, no "C", no watermark- nothing to set these 2 photos apart from the other photos in the article. Also this demanding letter was NOT sent registered mail... They want $13,500 within 7 days or thhey say it could be $150,000. in 30 days...

I have locked down my site- so only members can view it...and I have turned away new members... Also I have a  disclaimer on my site...

I am very concerned, but at the same time I think it is bogus and belongs in the trash- but this is very official- includes copies of screen shots of my site- and the copy of the copyrights...so...?

I have had my site for nearly 9 years and this is a first...

Anyone have any experience with this...

NING did you know this can happen to your customers?

Any insight appreciated,

Suzie

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  • Hi there!

    In order to understand whether it's the proper takedown notice, you should compare it to the requirements of 17 U.S. Code § 512 (3) (A).

    Regarding the money claim, as usual in such notices, companies are asking for money in cases when the site owner/host provider is refusing to remove infringing materials, so their claim for money look suspicious as well (at least in the way you have described it).

    Anyway, there should be links to the original place where teh content has been posted to prove the ownership of the content and links to the place on your site where they were used if the ownership of the content is proved you can remove the images straight away in order to avoid further actions.

    Of course, we do aware that our customers could receive DMCA notices, as any site owner and hosting provider can, we also have the paragraph regarding this in our terms and conditions. As it's outlined there I would suggest you consulting with "legal professional to confirm your obligations under the DMCA"

    Best regards,

    Ning Team.

    17 U.S. Code § 512 - Limitations on liability relating to material online
  • thank you for posting this inquiry.

  • This reply was deleted.
    • Hi Tim,

      Nobody sues you for 13k 151k unless they are a crac head with no job and decide to put all their time and effort harrassing and bullying other people.

      I won't be so confident about this, as usual, the lawsuit could be filled in cases when the site owner refuses to remove the content protected by the copyright, however, the idea to contact the content owner could work out, unless the content has been exclusively provided to somebody.

      Based on my experience with such questions, as usual, organizations that are working on the behalf of the right holder, asking to remove the content which infringes copyright, and some of them could mention that there is a second option, to pay a fee for the content placement instead of the removal. if the content is removed, as usual, there are no questions afterward.

      However, if you have received such notice and you know that that you or your member have a right to place that content on your site, you can send the counter-notice to the organization who have contacted you with the proof that the right to this has been provided to you or the site.

      But still, it would be better to contact a lawyer in case of any legal issues.

      Best wishes,

      Ning Team.

      • Kyryl,

        Thank you so much for the link and the info. I  removed the 2 photos right away, then I closed my site to members only.. Their demand was to remove the photos and pay the fee of $13,500. equal to the photographers licensing fees! Yikes! 

        I do not think  most small website owners realize that these types of consequences can happen so easily...  Even with my disclaimer I was not aware I would be liable for my members actions...

        Re-posting news is what my type of site does everyday- we spread the news... I hesitate to disclose that I run a conservative political website. Liberal news sources constantly threaten to find ways to close down small conservative sites like mine... I honestly believe this might be the new way they are going to come after conservatives to shut us down. That said, I hope you will not judge this  issue differently if your politics are different then mine... please look at the issue as it could happen to anyone...

        Thanks again, Suzie

        PS- Kyryl- the timing really sucks as I was so excited when you  wrote to tel me my URL could finally match my name of my site- and now my hubby does not want me to have the site anymore-  but I don't blame him...

        • Hi Suzie,

          That's a pity, that you won't be able to run your community anymore :-( If there would be necessary to transfer the ownership of it to somebody (I have seen your other post) just let us know and we would help you with that.

          Regarding the DMCA notices, I have checked several portals where lawyers are answering similar questions, and as far as I have understood it could be possible to avoid paying that fee or reduce its amount, but as I'm not a lawyer, I cannot tell for sure whether it's right or not, so it still necessary to have the consultation with a lawyer regarding this case.

          Just to let you know, sometimes when the rightsholder is not able to get in touch with site owner they are contacting us with the same request to remove the materials, and if the notice has been submitted in accordance with the demands of  17 U.S. Code § 512 (3) (A) we would remove the content and inform NC that such situation has occurred.

          Best regards,

          Ning Team.

          17 U.S. Code § 512 - Limitations on liability relating to material online
  •  In reply to all...

    Tim,

    I am not supposed to contact the photographer- he is represented by the attorneys. They have enclosed copies of the copyrights and the 9 pages contains all the correct legal mumbo jumbo...The suit states that I am harming the photographers lively hood as he  charges very high licensing fees to use his photos... $7,000.+ per photo- so 2 = the $13,500.00 and according to the attorneys the fines can be as high as $150,000.00.

    My point is that out of 10 photos in the article- only 2 were copyrighted to this photographer- to me this is a trap! When a site like the NYPost has articles with all the standard Share buttons on that page- how can they say these 2 photos were protected- and how would anyone know that? With no markings...

    • This reply was deleted.
      • Thanks for the info Tim, I have had to hire an Attorney to the tune of $450.00!! Merry Christmas to me!

        I will update this as I get more info....

  • Here is an update- Finally! A reply from my attorney ($450.00's and nearly 2 months later) The reply basically says, since there has been no more contact it is safe to say this issue has been dropped. They are not allowed to contact you- if they do refer them to me....blah blah blah...So... after sitting on pins and needles for all that time- which just happened to be exactly when I was planning a grand re opening! Bad timing...

    But All that said I would like more info on protecting myself and my members...

     

    And because my members helped to cover the legal expences my Hubby is "putting up" with my website once again!! It is a scary place to be today being a conservative is not always popular.. and seeing what can happen if I step on toes- but then again- I am going to take this as a compliment- that I ruffeled feathers as big as FB and Buzzfeed and the NY Post!!!LOL!!!

    I will read through the thread again and see if my answer is there... Thanks

    • Hi Suzie,

      Thanks for sharing this with us, and I'm glad everything was resolved with minimal losses.

      Best regards,

      Ning Team.

This reply was deleted.
 

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