2 ms·
I'm confused by Level 5. I thought the safe harbor provision stopped applying if the company made a determination whether it was fair use. And not just for that
by HWR_14 4y ago
I'm confused by Level 5. I thought the safe harbor provision stopped applying if the company made a determination whether it was fair use. And not just for that one image/instance, but possibly for all content.
That is, if you say "Can we have the intern send some of these to our outside counsel to review for fair use before pulling them down?" you're opening yourself up to a ton of liability for all images.
- mcguire 4y agoThat is, as the article implies, one of those weird, fuzzy areas where: Yes, you are exposing yourself to some liability. But no, if you try to avoid that liability, you will run off all of your users. How many memes have you seen today that are based on an image from a recent movie?