Bohemia in legal trouble over breach of terms and conditions

Tumblr received five complaints over a period of two years for images that Bohemea had used in various blog posts. The copyright holders of these images complained that Bohemea had used their images without their permission.

As a result of these complaints Tumblr deleted her entire account, this has resulted in Bohemea losing five years worth of hard work, including some 100,000 posts and 150,000 followers from two different blogs. Tumblr have warned her that any new accounts opened by her, will also be deleted.

Despite the fact that Bohemea’s blog was not aimed at a business audience, she was deemed to have breached Tumblr’s terms and conditions. The complaints required Tumblr to enforce a policy of removing Bohemea’s account due to her being classed as a repeat infringer.

Tumblr’s terms and conditions outline their right to do this. Clause 20 of Tumblr’s terms and conditions state’s that Tumblr have adopted a policy toward copyright infringement on the Services in accordance with the Digital Millenium Copyright Act. The terms go on to advise how to report instances of copyright infringement. It then states:

“After removing material pursuant to a valid DMCA notice, Tumblr will immediately notify the Subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material. Tumblr reserves the right, in its sole discretion, to immediately terminate the account of any Subscriber who is the subject of repeated DMCA notifications”

It is this clause that Boheamea had breached hence the drastic action.

Terms and conditions are the important small print that set out your contractual rights. It is all too easy to click a box and sign up without actually reading the terms and conditions. By failing to read what you are signing up to, means you are in the dark about your rights until something goes wrong. It is essential you understand exactly what you are signing/agreeing to. Our advice is simple, read the terms and conditions before you enter in to a contract. If it is clearly written, you are bound by it!

This article was written by Fozia Cheychi whilst gaining work experience at Lawdit


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