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Getty Images Letter Forum / Re: Received a Complaint from BWP Media USA
« on: May 03, 2014, 09:04:14 AM »the problem with Mizzo is they are actually hosting most of the images.. for example this page:
http://www.mizozo.com/entertainment/02/2014/20/the-incredibly-sexy-heidi-klum-stuns-in-sports-illustrated-swimsuit-50th-aniversary-issue.html is using an image from Sports Illustrated even including their watermark.. the image is not linked to as can be seen by the path:
http://www.mizozo.com/images/item_images/77000/76914_gallery.jpg
my guess it won't be long, before many other trolls start piling on. The site states that all content is uploaded by users, in which case they would be covered by dmca providing they have a registered agent..which i'm not so sure of.
The problem they have is that they didn't meet the requirements of DMCA safe harbor protections until after the date they received the letter.
http://www.copyright.gov/onlinesp/agents/m/mizozo_llc.pdf
... so there's the possibility that they *could* be sued for any unlicensed images posted to mizozo.com prior to May 17 of 2012
I agree 100%, I didn't look into the agent issue, but quickly read the so called "terms" which made me giggle...lots of "we don't care" in there..
I'd be willing to bet there are also trademark issues there.. one would think that "sports illustrated" may not be to happy with their logo appearing along with the images..but then again it is a "reporting" site, so maybe fair use comes into play. Either way it's important that folks that want to do this kind of site, do their homework first to avoid any of these possible issues. But most just have that "it's on the internet..free for all attitude"
I had someone approach me last week that wants to build a site to sell "knock off" watches, handbags and the like..they said these things are all over ebay, why can't you do it for me..