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  1. #1

    Arrow Copyright Infringment Liabilty for the Hoster

    Hello, Iím new here but have known WHT for quite some time and itís a pleasure to be here.

    I have legal questions for web hosting and copyright. I want to make a website for a client of mine; I'll buy him the domain and make the basic design, then put registrant contact and administrative contact to be his contact, while I keep technical contact mine. After that I'll give him control and he can put content in his site. Doe that mean I am not legally responsible in case he puts illegal images or whatever on his site? I am hosting it but I don't want to be responsible for his content. If I make some agreement contract which removes legal responsibility from my site and let him sign it. Will I get sued if someday he puts illegal stuff? Noting that I will put the registrant info, or owner info of the domain to be his.


  2. #2
    Join Date
    Sep 2005
    It can go either way, the law is tricky... Consult a Lawyer.

  3. #3
    What country are you in? What country is your friend in? What country is your server in? Copyright laws vary.

  4. #4
    Join Date
    Jan 2006
    Ontario, Canada
    I believe that contract you are talking about is your Terms Of Service statement all clients agree to and read before hosting with your company. You are still liable for the content, but the agreement has been made between you and the client. If for example you know what he will be hosting is illegal but want not to be held liable for the content, or have any other doubting questions, I would strongly suggest against hosting their content.

    If youre still not sure, consult a lawyer - Gameing discussion, arcade, all around good fun

  5. #5
    Thanks for your info,
    I'm in Lebanon, client in Lebanon. Server in USA
    Kdoubt: So if he agrees to the terms of service that he is responsible but I am still liable, how will I be liable? If the client uses copyrighted material, the company who's work belongs to will contact me or him? What does it usually say and will it file a lawsuite without contacting any, or will they ask for the material to be removed from him or me. My clients are all good but I am seeing what will happen if comeone infringes copyright by putting videos or images that belong to another company.

  6. #6
    Join Date
    Jan 2006
    Ontario, Canada
    They usually would contact the people responsible for the content. You would be legally responsible to screen your clients content for illegal things. It is very unlikely that you can be sued for hosting Copyrighted content. There is no way you can double check the entire internet/music/library of content for duplication. They MIGHT contact you asking you to shut down the website, but legally, they would be persuing the offender. I would expect any sort of contact regarding this ussue in your [email protected] address

    If you think its likely that they are going to be offending, I would definitely consult legal aid. - Gameing discussion, arcade, all around good fun

  7. #7
    IANAL, but probably you should include in your TOS that clients will not be able to host copyrighted material. If they violate this, then you can delete their accounts and data and shouldn't come into any legal problems. If you knew your clients were hosting illegal material and didn't do anything about it.. then you could probably be sued.

    It is best to get legal advice for further clarification on this issue.

  8. #8
    If the server's in the us, then what will happen if somebody notices something that infringes their copyright, they'll send you a DMCA notice. and then you as the host have to take reasonable steps to investigate and possibly take down the offending content.
    The chance of a lawsuit against you with no prior contact is very low- copyright litigation is extremely expensive. You don't have a duty to police all your clients' content, but you do have a duty to act if anything is bought to your attention.

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