Is there liability for distributing someone else&#39;s copyrighted material to those with permission to use it?
<p>For example, multiple companies that resell widgets are given permission by WidgeCo™ to reuse content (descriptions and images of products) from widgeco.com.</p>

<p>As a third-party website provider to companies that resell WidgeCo™ widgets:</p>

<ol>
<li><p>Do I have liability by either collecting this content from widgeco.com and providing it on the websites that I create, or by providing a tool to the resellers that does this for them?</p></li>
<li><p>Am I legally obligated to verify that these reseller companies actually have the permission? If so, am I also legally obligated to know if/when the company loses that permission?</p></li>
<li><p>If WidgeCo™ decides to take legal action against me, does this fall under DMCA exemption since (<strong>A</strong>) I believe the content is used with permission and thus non-infringing, (<strong>B</strong>) I am not selling the content and thus directly profiting from it, and (<strong>C</strong>) I will remove it immediately provided a takedown notice?</p></li>
</ol>

<p>WidgeCo™ not only makes widgets, but <em>also provides reseller websites</em>. This means that while my services help to increase WidgeCo™'s widget sales, I also compete with them as a website hosting provider.</p>

<p>Product descriptions and photographs are not usually copyrightable because they are factual. Only "creative" works can be copyrighted. Courts have generally classed product descriptions and photographs as "factual" information.</p>

<p>See, for example, Custom Dynamics v Radiantz LED Lighting 535 F. Supp. 2d 542 (E.D. NCar W.D. 2008)</p>

copyright dmca