Legal Question in Technology Law in United Kingdom
Posting on my Adult Website
I run an Adult Web site and have contributors who send their pictures to me. I have a 'submissions' page which clearly states the rules of posting pics. Must be over 18 etc etc, I also state that the model must be 100% sure that they want the pics to appear on my site as I will not be removing them at a later date. I have one of the models now, who has been posting pics for 6 months has now asked for all her pictures to be removed unless she will sue me. Where do I stand?
1 Answer from Attorneys
Re: Posting on my Adult Website
You should have the Posting rules checked to ensure you have received all valid licences and consents to publish the photos.
It is unclear from the question if the lady is claiming her images back on grounds of copyright or other performance or related rights. Assuming copyright subsists it would not necessarily belong to her as the photographer generally is first owner of the copyright. She may therefore not be in a position to claim them back but it will partly come down to how clear the posting terms are.
You also need to consider if any of the services you are providing to the models who supply their material are subject to the consumer electronic commerce legislation because these affect the enforceability of contracts for services.