Linked Image Copyright

brainsys · Post by **brainsys** » Wed Dec 05, 2007 12:52 pm

Like most phpBB sys admins I allow (nay encourage) posters to include links to their images to illustrate their posts. These appear inline and to the casual observer appear to be part of the Forum although, of course they are being downloaded from another server.

I have had two recent cases where the copright/publication right of an image has been challenged and understandable demands to 'remove them from our servers'. Obviously that cannot be done - though I do offer advice as to how the complainer can find and challenge the hosting of any disputed image. Obviously that is the best solution since the image will disappear from my Forum and any other forum it may have been linked to. It also IMHO best protects the IP of the true owner.

If the image is hosted in a country or with an ISP that does not honour copyright I would remove the link without question. The question is - if the copyright owner does not appear to pursue his rights with the hoster of the image but demands I should remove the image link. What should I do legally and morally?

Legally is always a quagmire since multiple conflicting juridictions apply. I take the pragmatic approach of only worrying about who and where any litigation is likely to come from (England & USA). Does anyone have any known cases of forum administrators being responsible for linked images (inline or hyperlinked) to posts in their forum. Presumably only after an IP issue has been made know to them?

And what would you do if challenged - when you have no real way of establishing who is the true IP holder and there are some malevolent complainers whose truthfullness in other matters doesn't help their case?

Post by **Brf** » Wed Dec 05, 2007 1:04 pm

The webhosts that are truly concerned with hot-linking their images have code in place to prevent that.

brainsys · Post by **brainsys** » Wed Dec 05, 2007 1:15 pm

You misunderstand. The images are usually on the server of the poster so he has given himself permission to link. And what if it is just expressed as a normal hyperlink?

Two people claim copyright. The image is not on our servers - only the link. Does the copyright holder (whoever that may be) have the right to compel me to remove the link. And does it make a difference whether it is inline or a hyperlink?

ChrisRLG · Post by **ChrisRLG** » Wed Dec 05, 2007 1:27 pm

Well this is a legal issue that should be addressed by a legal expert in copyright law.

Not something you are going to get here.

It is also not an issue with phpBB software.

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I can see a small possibility of a discussion with this - which would allow me to leave this topic unlocked - but it is very small.

All answers you are going to get are going to be opinions of other domain owners, and none of them are going to give you anything in the way of a legal response to use.

My own gut feeling, is that you are not hosting the file so the copyright holder should address the issue to that place and not yourself.

I will leave open for a time - but do not be supprised if I or another mod locks this later.

brainsys · Post by **brainsys** » Wed Dec 05, 2007 2:14 pm

ChrisG - with greatest respect this is the area of non-specific phpBB discussion. The questions affects most Forums whether phpBB or other. However, it is relevant to most phpBB moderators because they run phpBB and the way phpBB integrates third party images. Where else would be a better fit?

Re legal opinion. Please read the original post. It was expliucitly *not* asking for a legal opinion. It was asking specifically if they know of legal cases and what they would do themselves. I posted this because my googling had not turned up anything relevant. Not many of us can take legal opinion in one country let alone all!

But I accept the umpire is always right ... even ...

Daz · Post by **Daz** » Wed Dec 05, 2007 4:43 pm

Hi,

This (external) thread answers a few questions, and that mentioned by Brf would seem to give me a defence. I would incorporate it with something similar to "we cannot be responsible for links to other sites, etc."

For other answers Google: copyright of linked images

Daz

Jim_UK · Post by **Jim_UK** » Wed Dec 05, 2007 5:31 pm

brainsys wrote:ChrisG - with greatest respect this is the area of non-specific phpBB discussion.

To be precise it is not an area for phpBB discussion at all. It is an area to discuss current affairs etc etc

There are two forums that are specifically for discussion of phpBB2 and phpBB3.
I guess Chris let this continue in this forum because it was not specifically either of those and equally applies to sites running any sort of software that allows its users to hotlink images.

Jim