Legal Question in Intellectual Property in Illinois
Our website enables visitors to upload an image and create a mini-motivational poster by entering a title and some text and choosing a background, border, etc. The visitor can then download the completed image and use it however they wish. They also have the option to display their mini-motivational poster in our gallery.
We can�t check the ownership of images uploaded by our visitors. We state on the website that it is the responsibility of the visitor to make sure they have permission to use the images they upload, and that is clearly stated in our TOS.
Is that enough? Or could we be liable for copyright infringement because of images uploaded by our visitors?
1 Answer from Attorneys
Not enough. If you want to do this yourself, look at some other websites that allow uploading for "public" view and review terms of service. Normally they require that the poster warrant absolute ownership of the image and nothing less, and to indemnify you, and give you rights to delete images to settle out claims of infringement, and other terms.
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