But it's not my listing!
But it is your website and bottom line is you can be held accountable. Sometimes, brokers may not be fully informed on the risks associated with using photos randomly found on the Internet or photo stock services without obtaining permission to use them. The fact that you may be displaying such a photo on your website puts you at risk too.
Now the obvious resolution is for everyone to take their own photos, with their own cameras, for their own listings. However, that is not what always happens. But there is a way to help protect yourself. The Digital Millennium Copyright Act (DMCA).
The DMCA helps you, the web site owner, avoid liability for copyright infringements created by others. There are actually 5 sections to the DMCA, but the second section (Title II, the Online Copyright Infringement Liability Limitation Act) creates a "Safe Harbor" against unknown copyright infringement.
There are five requirements to qualify for this safe harbor. The site operator (you) (i) does not have actual knowledge of the infringing content; (ii) is not aware of facts or circumstances from which infringement is apparent; (iii) does not receive a financial benefit directly attributable to the infringing activity; (iv) acts expeditiously to remove the infringing content when notified; and (v) has provided a means for receiving notice of the infringing content.
The fifth requirement is critical. You must register a designated agent who is to receive the notices of any alleged infringement and it cannot be you. The only way to actually register this designated agent for the Web site is to file a paper form that has to be mailed (not e-mailed) to the U.S. Copyright Office along with the required fee(s) of $105 for one business name/website and an additional $30 for up to 10 additional names/websites. Instructions for identifying a designated agent and a list of designated agents are found on the Copyright Office Web site.
In addition to registering your designated agent, you will want to include the information of your designated agent. Sometimes this is included in the "Term of Use" or a special section on copyright or legal terms. For example, at the bottom of www.RealtyWEB.Net you will see all normal disclaimers and then a special section for the DMCA.
While it is best to seek advice from your attorney, the DMCA should help protect you.
(Note: This article is not meant to serve as legal advice, please speak to your legal representative for further information).
The fifth requirement is critical. You must register a designated agent who is to receive the notices of any alleged infringement and it cannot be you. The only way to actually register this designated agent for the Web site is to file a paper form that has to be mailed (not e-mailed) to the U.S. Copyright Office along with the required fee(s) of $105 for one business name/website and an additional $30 for up to 10 additional names/websites. Instructions for identifying a designated agent and a list of designated agents are found on the Copyright Office Web site.
In addition to registering your designated agent, you will want to include the information of your designated agent. Sometimes this is included in the "Term of Use" or a special section on copyright or legal terms. For example, at the bottom of www.RealtyWEB.Net you will see all normal disclaimers and then a special section for the DMCA.
While it is best to seek advice from your attorney, the DMCA should help protect you.
(Note: This article is not meant to serve as legal advice, please speak to your legal representative for further information).
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