Legal Question in Intellectual Property in California

A good faith belief does not eliminate liability for purposes of damages in copyright. If the infringement is done mistakenly and in good faith, however, then the good faith belief can be used to argue for a reduced amount of statutory damages.

I doubt that a judge will give this kind of statement much credence if the good faith belief of the poster is actually challenged. The court will look at how credible the statement is, and the evidence showing how the image ended up on the site.

I've represented a variety of clients on both side of the argument on online infringement of copyrighted materials. The language you mentioned above and the method you proposed to posting copyrighted material (oh which you have no ownership to license to use) will not serve to protect you from copyright infringement claims.

It is a common misunderstanding that merely because a copyrighted material can be found on the internet, it is automatically part of the public domain open for any to use. This is absolutely not the case. Furthermore, claiming that your use is subject to Fair Use protection does not mean you will be granted that protection. Fair Use is a defense you can use in court that requires an analysis of a variety of factors, if the court decides that you do not meet the test required, you will not have access to the protection.

Before you use, distribute, publish, copy, or modify any copyrightable material you find online, it is always a good idea to obtain permission from the owner. Feel free to contact me if you need further clarification on this or contact an attorney in your area.

Kind regards,

Jim