Liability for user uploads | Legal Advice Centre

Questioner

A question about IT&Law: If I am the administrator of a website, and users can upload something to my website, which then becomes publicly available, am I responsible if they upload images that, for example, are not licensed to be freely distributed? And does it make a difference if I highlight some of the user uploads for, say, a week on the website homepage?

Lawyer

Both questions can be answered with yes. On several legal grounds, unlawful use and/or distribution of copyrighted material can be prohibited and lead to liability for damages. (also provider or administrator of a website) In the case of a featured photo, there is more audience so the damage can be greater.

Questioner

Thanks for the answer, but it's not really constructive. So there is no solution for this other than removing the ability to upload images? Because hoping that users only upload images that are allowed is not really an option. Does it help if as soon as someone complains we can remove the item that contains the picture? Kind regards.

Lawyer

Well, that's what you're a moderator for and indeed, usually the opportunity is offered to remove unlawfully distributed material immediately. However, your question 'is there a possibility to exclude liability', because that's how I read it, can only be answered with no.

Lawyer

Your liability depends on your role. If you are the administrator of a blog where visitors can post messages (and photos), then limited liability usually applies. You will only be liable if you fail to immediately remove material that you reasonably know, or should know, is illegal. In practice, this means that if someone points out to you in a somewhat credible manner, for example, the unlawful use of a photo, you must immediately make the material inaccessible. For that limited liability, a purely facilitating role is required. If an administrator is more active, then this does not apply. It is important that the terms of use clearly state that users must be authorized to post protected material. Even if you are liable, you can recover the damages from the user. Given the size of possible claims, it may be useful to have a check done. Possible (limited) liability depends on various factors. Please feel free to contact us for further information.