Most people know the DMCA protects websites and apps from a variety of copyright infringement claims in the online arena. But does that DMCA have limitations in this regard? For example, what if you are the owner of a website and post the infringing content to it? Ah, then things get interesting as we dig into in this video.
So, there you have it. If you post content that is alleged to infringe on the rights of a copyright owner to an online platform you own, then the DMCA will provide you with no protection whatsoever. None. Zippo. Nada. To combat this risk, make sure you know where all the content on your site or app is coming from and that you have a clear right to use the content in question. Otherwise, you are running an unnecessary risk.
Now let’s expand on the Mavrix Photographs, LLC vs. Live Journal, Inc. decision. As mentioned in the video, the judges rendering the decision have made a mess of the situation. In ruling that the use of moderators to filter uploaded content waives the protections of the DMCA, the court is effectively encouraging owners of apps and sites not to filter content at all. In the real world, spam will clutter websites and apps with off-topic comments ranging from the bizarre to the highly offensive and possibly illegal.
And this is good for the Internet world how?
You must recognize and react to this risk if you are employing people to review user uploads. Speak with an Internet lawyer familiar with the decision and develop a plan for combatting the reasoning in the case. The last thing you want to happen is to be sued for copyright infringement and be left with your pants down.
So, does the DMCA protect me if I post infringing content to my website or app? In a word – no.