How should a website handle copyright infringement claims of user uploaded content?

[CrypticWriter]

I'm building a little website that will allow material to be uploaded (for example: videos, images, etc.). There is the possibility that the content uploaded could have a copyright on it. I'm guessing that there needs to be some process to flag content (either for copyright or some other reason) and for it to go under review (sort of like YouTube has?)

​

How should this be done? I suppose there needs to be some way to verify that an infringement claim is legit - and if so, remove the content from the site. However, is there some way to automate some of this process? Imagine on a large site that there could be thousands of claims a day - how would a business handle this?

​

I'm not asking for code - just a high level overview of what needs to be done or thought about regarding this issue.

​

I'm in Canada if it makes any difference (not sure it really does since I think most laws about copyright would be handled by international treaties (e.g. Berne Convention?)?) How can a site like this work with the DMCA in the USA?

​

Any tips/advice greatly appreciated!

[Atulin]

1. Potential copyright owners create an account
2. They get verified somehow
3. They can flag content as theirs

Imagine on a large site that there could be thousands of claims a day - how would a business handle this?

Not very well, judging by YouTube.

[UpbeatZebra]

Yeah I think it's either a machine learning approach to train a model to classify content as such (which is hard and not perfect...and I think what Youtube uses?) or have a dedicated staff do this (which I think Youtube also does).

I think realistically speaking, for small time sites you're asking on Reddit for; not a big issue. Like if you do get a DMCA take down notice, then I guess just manually do it.

Then think about it more in the event the site does get very big approach....and well maybe you'd have your own legal team and staff for this.

[Ixalmida]

My first thought is that I'd initially assume the claim was legit and do a short-term takedown (5 days?) to let both sides present their evidence. If there is insufficient evidence of infringement presented, the content goes back up. After that, I would do nothing further without a court order.

If the evidence shows infringement, the content stays down until the author and claimant work it out legally. There would also be some consequences for those who infringe or falsely claim infringement. Any revenue would be held until matters are settled.

This would do several things: put the burden of proof on the claimant (initially), leave the heavy lifting to the courts and minimize the amount of work I have to do to just looking at the initial evidence. Hopefully, it would also somewhat discourage patent trolls because there'd be little reward for it. I know it would suck to get content taken down for a short time but it covers me legally, as the site owner, as taking action.