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ARTICLE · 08 SEPTEMBER 2020

Your website users could expose you to copyright infringement

How website owners can avoid copyright infringement eg regular auditing of your website & update website user terms.

AustraliaIntellectual Property

Your website is under your control and you should ensure that all the material which you place on your website does not infringe the copyright of others. Regular auditing of your own website content is therefore advisable to avoid copyright infringement.

However, in certain industries, such as personnel, education and advertising, it is common practice for website owners to allow third party users to upload images and literary content to their websites. This process can expose website owners to copyright infringement if those users post infringing material on those websites.

Website owners are therefore strongly advised to set up website user terms under which users undertake not to upload infringing material. The terms should also include provisions which allow the website owner to immediately take down the infringing material and cease future access by the user. It is also prudent to include an indemnity provision in the user terms, requiring indemnification

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For further information please contact:

Michael Byrnes, Partner
Phone: + 61 2 9233 5544
Email: [email protected]

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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