Legal Question in Technology Law in Massachusetts

Picture copyright.

I run a small ISP based in Worcester Massachusetts and my ISP is exclusively commercial in nature.

We have some pretty high value clients with some important information to remain private. I have had in the past people falsely being who they were to gain account information, all failed. BUT it caused us to require proof of all identities and demands if required.

To the point. A customer of ours had a website updated by an outside designer. This designer is actually a very very large corporation with I estimate billions of dollars. This new web designer took the website, copied the images and reused what was on there. This was about two years ago.

I received an phone call about a year ago from a previous webdesigner that the photos on the site were copyrighted by him and demanded I take them down. I stated I was only the hosting company and he needed to discuss with the client. He said he tried dozens of times with no luck.

I told him I required him to send in the copyright paperwork and I would review it and take action if necessary. As of this date, no documents have been sent but about a dozen emails that stopped about 6 months ago.

As a ISP, what are my rights?


Asked on 11/09/08, 7:21 pm

1 Answer from Attorneys

Re: Picture copyright.

First, you need to look at your ISP agreement with the owner of the Website. I doubt you have the right under the agreement to remove the pictures.

Second, you are not using the purported copyrighted material, and as such you are not inviolation of the so-called copyright. Copyright violation is not the same as violation of law such as in the Germany case about ISP Liability for content.

You might want to contact the client and inform them of the claim and make sure your current agreement includes a holdharmless should you be sued under these circumstances.

Technically, the client may have the right to use the copyright notwithstanding the change made by client and if you remove the pictures may be liable for doing so.

You are in essence caught in the middle, but you should contact the client and ask them to assure you they have the right to use the material in quesiton and hold you harmless from any future action should you be sued.

This is not a definitive answer and a careful review of all the agreements in question would be required. If you would like to discuss the matter in more detail please do not hesitate to contact me.

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Answered on 11/09/08, 7:41 pm


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