Owner remains responsible for content on website

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February 1, 2020

Picture Carja Mastenbroek

Carja Mastenbroek

The Rotterdam District Court has ruled on the liability of website owners in a case between ANP and a taxi company. The taxi company violated ANP’s copyright by publishing a photograph on its website without permission or attribution. A brief analysis.

The Rotterdam District Court has issued an important ruling on the responsibility of website owners in a case between ANP and a taxi company. The taxi company infringed ANP’s copyright by posting a photograph on its website without permission and attribution.

Who is responsible?

The taxi company argued that the website was built by a third party and that it was confident that the use of the photo was permitted. 

However, the court found that the disclosure of a photograph is in principle attributed to the owner or operator of the website. Whether the photo was posted by the owner himself or by a third party makes no difference.

Obligations of website operators

A website owner can be expected to ensure compliance with copyright rules. This means that there should be no pictures or other content on the website that infringes copyright. Website owners should ensure that all content on their website has been used legally, regardless of who posted it.

Implications for website owners

This ruling highlights the responsibility of website operators. It is crucial to make arrangements with external parties working on the website and verify that all images and content used are free of rights or obtained with permission.

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