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Can posting/submitting a link violate copyright laws?
Hi, I have a few questions regarding copyright infringement:
1) There are a lot of sites that allow people to upload their files and share them with their friends (e.g esnips.com). Many of these files contain copyright contents. Are the users violating any copyright laws? Is the website violating any copyright laws? Is/will the website be prosecuted or confronted legally through any other means?
2) Suppose a wiki is started to collaborate information on ,for example, Britney Spears' music. If users start posting links to copyrighted mp3 downloads, is the wiki illegal? Will the wiki be confronted legally?
Thank you.
1 Answer
- Spock (rhp)Lv 71 decade agoFavorite Answer
good questions.
all the Western websites have pretty clear terms of use. the user claims he has the right to share the contents he adds with anyone and gives it to them for free. The websites claim that, because of the volume of posting, they are unable to prove that this is so and thus they aren't liable when it proves to be false.
Now, if you add links to what you know or have reason to believe is illegal material -- ie: copyrighted and owned by someone other than the poster -- you are arguably aiding and facilitating copyright infringement and could, in theory, be sued for doing so. It follows that if the material is commercial in nature and the site isn't selling it [Ms. Spears' music, for example], you are on notice that it may be illegal.
However, there is an exception in copyright law for critical reviews and related matters, including parodies. Talking about copyrighted music is legal and not a violation. However, you have to make sure that your efforts do NOT allow others to illegally evade buying the product.
Thus, if you provided only a small part of the entire song and your discussion focused on whether this phrase was truthful, you are a critic and protected. However, if you provide the entire song at a link with only vague comments about untruthfulness, you are almost certainly violating the copyright and subject to suit.
does this help?
Source(s): we've written and thus own hundreds of pages of copyrighted work in the form of books and so had to look into the law in the US.