A few possible solutions are listed in the DMCA, a link to the text of the bill can be found under the Legislation tab.
However, the bill is quite long so it would be most helpful to focus on a few key sections to address this specific issue.
§512(c) - The Safe Harbor Exception
The Safe Harbor Exception lists 3 required actions that a website owner must take to be eligible to use the exception.
1. Designate an agent.
- This entails posting the name and contact information of someone to contact in the event there is a copyright issue.
- Contact information means the person's name, phone number, and email address.
- Make sure the contact information is located on a part of the website that can be accessed by the general public.
- Include the name of your service provider
2. Provide notice of your agent to the U.S. Copyright Office
3. Respond promptly to copyright complaints and claims.
Note.
This exception is for good faith website owners. If an owner has received a financial benefit as a result of the infringement or deliberately permitted the unauthorized use then the Court is less likely to permit the website owner to utilize the Safe Harbor Exception.
*Source All About Advertising Law, Website Owners: No Safe Harbor from Copyright Liability for Infringing Content Posted by Third Parties on Your Site If You Are Not Following DMCA Formalities, Linda Zirkelbach, July 14, 2015.
Disclaimers are not required by law, rather they are used to disclaim liability. In that way disclaimers are a tool to aid advertisers avoid liability in the future. Disclaimers are heavily regulated, mostly by the FTC. The most Important aspect of disclaimers is that they must be unobstructed, easily readable, and understandable. If not the disclaimer will be likely held invalid, thus exposing the entity to liability.
Ensure that your advertisement does NOT include:
Do market research, if your ad does require showing a portion of the human body, for example, the sale of swim suits, make sure that your ad is not the most risqué advertisement in the industry. Be diligent in ensuring that no genitalia (male or female), nor female nipples are exposed.
If your product does address-subject matter that may be considered indecent, for example an advertisement for erectile dysfunction, employ a hyper-vigilant degree of diligence to ensure the language and images in the ad approach the topic in a non-lascivious manner.
"Advertisers may attempt to protect themselves from unforeseen liability arising out of advertising transactions by purchasing comprehensive general liability insurance" - The Law of Advertising §3-43
As society has become more litigious, many companies have attempted to reduce the cost of legal representation in a variety of types of lawsuits by adding new or modified “advertising liability” clauses to comprehensive insurance policies. See “Firms Find New Way to Shift Legal Costs,” Wall St. J., March 27, 1991 at B1; Burlington Ins. Co, v. United Coatings Mfg. Co., 518 F. Supp. 2d 1241 (D. Haw. 2007) (where insured was a defendant in a class action suit charging it with misrepresenting that its paint was 100% acrylic when it was not and sought indemnity from its insurance company, the court granted summary judgment on behalf of insurance company because it had no duty to defend or indemnify the insured as the insurance policy did not extend to contract claims or contract-based tort claims including negligent misrepresentation, negligence, and strict product liability claims). Particular attention must be paid to the policy’s definition of the time period for which coverage is provided.
