Member Avatar for wplay

Hi all,

I run an image hosting site. A user submitted a copyrighted image and now the copyright holder has asked to take down the offending image, which I did immediately. But he is asking to pay for damages. Which are of ridiculous amounts.

Please help and advise what do I do from here. Thanks!

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  • Latest Post Latest Post by bostjan33

Dani AI

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Building on comments from , and , the following is an operational checklist for an image‑hosting operator who has already removed a claimed infringing image. The focus is on preserving evidence, validating any monetary demand, and protecting user‑data obligations while deciding whether to negotiate or escalate.

  • Preserve everything now: download and archive the hosted image and a full-page screenshot, export server access logs, uploader account records, IP addresses, email headers and any moderation notes. Store a read‑only copy and record a cryptographic hash (e.g., SHA-256) so the file can be proven unchanged.
  • Record takedown facts: exact UTC timestamp of removal, who authorized it, the method used, and copies of any notices or confirmation messages sent.
  • Require proof from the claimant in writing: legal name, proof of ownership (registration, assignment or licensing paperwork), exact URL(s)/filename(s), itemized damages with legal basis, and whether litigation will be filed. Ask for a formal demand letter or court complaint rather than an informal invoice.
  • Do not disclose user personal data on informal request. Preserve account and access logs but comply with applicable data-protection laws; only disclose personal data after counsel confirms lawful basis or after a subpoena/court order.
  • Keep responses neutral: acknowledge removal and that records are being preserved while the claim is reviewed. Avoid apologies or admissions and do not offer payment before reviewing substantiation.
  • Check internal protections: confirm insurance/legal‑expense coverage and whether platform policies (TOS, repeat‑infringer procedure) are documented. If the demand is significant or a lawsuit is threatened, escalate to IP counsel.

Suggested neutral reply (very short):

The image at [URL] was removed on [date] and records are preserved. Please provide claimant legal name, proof of ownership, exact URL(s)/file names, itemized damages and whether litigation will be filed. We will review upon receipt.

Preserving chain‑of‑custody and insisting on written proof often clarifies whether a settlement is warranted or whether defence is preferable.

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Member Avatar for Octet

First things first, Daniweb is not a legal community and therefore you shouldn't trust anything that you read on here to do with the law, and instead you should consult a legal solicitor or lawyer.

In terms of your question, it depends on your location as to what laws you need to follow and be aware of. If for example you are in the USA you can sometimes be indemified from such problems with a DMCA Safe Harbour. This however shall only work if you have followed the appropriate steps for this to happen.

The other main areas that you need to look at are your terms and conditions, who is responsible once the image has been uploaded? These are probably your best bet, and if they are written properly (which if you run an image hosting site I would of hoped you included various clauses to protect yourself) then you might be able to push the blame onto the original uploader.

As I say, there are a lot of variables and your best person to speak to would be an IP lawyer.

Member Avatar for HoverportMedia

I'm going to definitely second what Octet said -

Daniweb is not a legal community and therefore you shouldn't trust anything that you read on here to do with the law, and instead you should consult a legal solicitor or lawyer.

Unfortunately I am not a lawyer, but from what I do know about my studies in law - if this individual is asking for damages - he's going to have to PROVE his damages.

Member Avatar for bostjan33

Well, if you have your Tos in place, you're not responsible for submitted content, user is. So, give his IP and other data to the authorities, that's it.

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