Copyright infringement - who is liable?

Broadcaster

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Hi
My son runs a small online business where members upload their house details along with photos to his website. Some photos are of the surrounding areas as well.

Yesterday he received a Cease and Desist email from a lawyer in Germany claiming that one of the members uploaded a copyright photo belonging to one of his clients. Obviously the member just copied it from the internet in all innocence but the lawyer now wants my son to pay his client €5k for infringement. He attached a standard letter (with his client's signature) that he wants my son to sign admitting liability, which by the way has a date of 13th Jan 2020!! Seems this is probably ongoing work for the lawyer!

My son has in his T&Cs that members should not use any material that is copyrighted and has also stated that the member is liable for any infringement. However, I am wondering how he can best to handle this as it is not possible to keep track of every single photo a member uploads and he doesn't believe he should be liable. He has taken the photo down.

I looked up the name of the lawyer online and see has some history in Germany for firing off such emails seeking compensation. However, he does seem to be legit. Should my son write back and state his member has removed the photo and had uploaded it unaware that it was copyrighted and that my son's website clearly states members should not uploaded such material and if they do so they will be liable. Is this the right approach.

If an action was taken in this case, would it have to be in Germany and would my son have to attend. All of this is very distressing for my son who is anxious to do the right thing and move on with his business.

Any help or advice would be very much appreciated.
 
Thanks folks. My son took the photo down himself while notifying the member of copyright law. Will sit tight for now. Hopefully that will be the end of the matter. Thanks again for the advice.
 
Content hosts can be held liable for content posted by their users. We don't have the protections the US legal system confers on online platforms. It's getting trickier as well, your son should read up on the EU Copyright Directive coming this way soon.
 
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