intellectual property

While the person who uploaded the material is the actual infringer, whoever maintains the site can be held liable for allowing the material to be posted on the site. As with any unauthorized material, the wisest approach to dealing with an unauthorized upload is to remove it quickly or disable access to it pending resolution of the dispute.

A site that permits uploading of material can post a notice prohibiting any unauthorized activities and require that perpetrators pay for any damages caused by such activities. The notice should be placed prominently so that persons performing uploads will see it. Alternatively, the site may include a “Click to Accept” agreement (often called a click-wrap agreement) setting forth similar terms. A click-wrap agreement is a page or window that appears before the user is allowed to perform a certain function (in this case, an upload) that states the terms of an agreement. The user will not be allowed to proceed until he or she has clicked a box that indicates that the user has read and accepts the agreement.