I run a site that has pages for famous people, brands, movies, etc. Each page has a "profile picture" that is added by a user (if no user has submitted a picture yet, a default image is used).
When a user submits an image to be used as a page's profile picture, a site moderator reviews it, and either approves it or rejects it based on whether it is not offensive and meets reasonable quality standards.
My question is, if the work turns out to be copyrighted, am I still granted safe harbor under the DMCA, even if I review the material before it is published?
From the Digital Millenium Copyright Act, Title 17, Chapter 5, § 512
"Information Residing on Systems or Networks at Direction of Users.— (1) In general. — A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider, if the service provider - (A)(i) does not have actual knowledge that the material or an activity using the material on the system or network is infringing; or (ii) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; (B) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity."
On my site I include the following disclaimer:
"We will screen your image to ensure that it is relevant to the page, meets reasonable quality standards, and contains no obscene content. We will not screen the image to ensure that it is fair use. We reserve the right to reject any image that does not meet our quality standards."