Getting ALOT of heat to take down a public nudity pics on my site! (Pic inside) - GoFuckYourself.com - Adult Webmaster Forum

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necoeds

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#1

Getting ALOT of heat to take down a public nudity pics on my site! (Pic inside)

03-14-2003, 11:41 AM

Ok, got this email last night:

The photo was taken without the knowledge of the party involved and with no
consent to publicize it or transfer it to another medium. The photo has
caused her considerable emotional distress. We respectfully request that
this picture and and any other pictures of this individual be removed from
your site. Thank you.

Here is the pic he's talking about:
<img src="http://www.nebraskacoeds.com/main_files/mardi7.jpg">

It's just a screen shot from a mardi gras contest that was held at a local bar on fat tuesday.

Here are the facts:
-The dj repeatedly announced that "Nebraskacoeds.com was in the house" and that we were taking photos
-This guy is the girls boyfriend, and he's a dj at a local radio station, which discussed the matter on the air this morning (bringing me MANY su's)
-No model release was obtained for the photo in question
-My lawyer told me that this may become a legal fight..... he advised me to take down the photo, however, I wish to fight this

What do you think?

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asuna

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#2

03-14-2003, 11:43 AM

Well she WAS flashing EVERYONE.... how many other guys got her pic and will send it to their friends saying they scored with her?
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#3

03-14-2003, 11:43 AM

Originally posted by asuna
Well she WAS flashing EVERYONE.... how many other guys got her pic and will send it to their friends saying they scored with her?

Or mask her face out
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#4

03-14-2003, 11:43 AM

I think you should get him to discuss it on air again tomorrow!

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European Lee

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#5

03-14-2003, 11:45 AM

Originally posted by necoeds
This guy is the girls boyfriend, and he's a dj at a local radio station, which discussed the matter on the air this morning

Sounds to me like the DJ is getting some flack from his 'boss' because his other half is on a porn site.

Hmmm...

How did he FIND the picture of her was the DJ surfing porn himself?

I bet if you called into the radio show and ask him what site HE visited to find it that would go down well and you would probably get many more signups from the publcity LOL

If the stupid cow didnt want her picture on the site she shouldnt have got her tits out, everyone knows people take images of chicks and dude flashing their 'bits' at Mardi Gras.

I say take it to court

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#6

03-14-2003, 11:45 AM

The only question(s) you need to ask yourself is this.

Is that one picture going to generate more revenue for you by keeping it up and going to court and paying a ton of legal fees? Or are you going to fight this because they are pissing you off?

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#7

03-14-2003, 11:45 AM

Originally posted by CashAddict
I think you should get him to discuss it on air again tomorrow!

Yeah, call him up at the radio station to argue that she was obviously wanting to be seen, and that if he's too jealous that's his fault.
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#8

03-14-2003, 11:46 AM

Originally posted by European Lee

Sounds to me like the DJ is getting some flack from his 'boss' because his other half is on a porn site.

Hmmm...

How did he FIND the picture of her was the DJ surfing porn himself?

I bet if you called into the radio show and ask him what site HE visited to find it that would go down well and you would probably get many more signups from the publcity LOL

If the stupid cow didnt want her picture on the site she shouldnt have got her tits out, everyone knows people take images of chicks and dude flashing their 'bits' at Mardi Gras.

I say take it to court

Regards,

Lee

Bah, you're just pissed because it wasn't a frat boy flashing party, ;)
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#9

03-14-2003, 11:46 AM

Who cares how many other people took a picture of her. Necoeds got caught, that is what matters.

I would like to see him fight it. He talks the talk.... says using public nudity photos is ok, says his lawyer says it is fine. Why is his lawyer saying "take it down" now?

Fight it! Back the smack you have been talking for the past couple months!

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ronaldo

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#10

03-14-2003, 11:47 AM

She cannot expect any sort of privacy level when flashing in public.

She would lose.

If you were to sneak up on a couple having sex in the bush, you'd have a problem, because there's a "reasonable expectation of privacy". There is obviously none here.

The only questionable public photos would be anything hardcore, where someone's age comes into question (for obvious reasons).

Too lazy to find links for you right now, I'm sure others will post some for you.
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#11

03-14-2003, 11:48 AM

Originally posted by DrewKole

Bah, you're just pissed because it wasn't a frat boy flashing party, ;)

You got that right

Where all the pics of the frat dudes getting their cocks out?

I wanna see frat boy cock dammit!

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Lee

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#12

03-14-2003, 11:51 AM

Is it worth the hassle? Remove it and find someone who is willing.It doesnt look the greatest quality anyways.

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#13

03-14-2003, 11:52 AM

3 words:

Girls Gone Wild.

If it happens in public, you can publish it.

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#14

03-14-2003, 11:53 AM

Originally posted by p00p
Why is his lawyer saying "take it down" now?

Because it's a lot simpler and cheaper than a legal battle?

-grip
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#15

03-14-2003, 11:53 AM

Originally posted by gripcash

Because it's a lot simpler and cheaper than a legal battle?

That IS probably true.
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#16

03-14-2003, 11:54 AM

Originally posted by gripcash

Because it's a lot simpler and cheaper than a legal battle?

So you're broke too?

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#17

03-14-2003, 11:55 AM

Originally posted by gornyhuy
3 words:

Girls Gone Wild.

If it happens in public, you can publish it.

the girls all sign releases or they won't publish...

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#18

03-14-2003, 11:55 AM

Take it down, bring it to the cops so they can arrest her for indecent exposure or whatever its called
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necoeds

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#19

03-14-2003, 11:55 AM

p00p..... my lawyer advised me to take it down because of all the heat i've been getting lately from the local police department.......

They're constantly on my ass..... they want to catch me or one of my camera guys getting a girl to flash.....then ticket the camera guy and the girl for indecent exposure.

Nebraska's full of a bunch of prudes..... and i'm just itch'n to take'm on......

Yeah, i can talk the talk, and walk the walk...... I just wish all this shit was over a good clear pic of a hot chick... not some blurry video cap from night shot........

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#20

03-14-2003, 11:58 AM

www.nolo.com -- they may have something there to read.

If you're more than 60% sure, you'll win, take it to court. Publicity is good.

Plus, around here, you know as well as I do that anything like this will be on the news that very next night. This means more sign ups.
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necoeds

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#21

03-14-2003, 11:58 AM

Girls Gone Wild requires model releases for 1 reason.....

They want advertising rights..... They do indeed publish photos and video of girls that did not sign a release... however, as per a court decision around a year ago, they can't use the girl's images in "traditional media advertising" unless they have a signed release.

All i really want to know is how a release is even valid for them if the girl is tanked off her ass..... according to my lawyer, a model release is worthless if the girl is drunk while signing it.

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#22

03-14-2003, 11:59 AM

Lincoln isn't that big of a town, I would take it down. After of course having a private conversation with the DJ about getting some free press from it.
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#23

03-14-2003, 12:00 PM

Originally posted by quiet

the girls all sign releases or they won't publish...

All of the models used to SELL GGW, DO in fact sign them.

The one lady who sued GGW, won ONLY the right to have her picture removed from the advertisement that PROMOTED GGW. The content was still allowed to be used on the inside of the video. The producers were NOT allowed to use her for advertising purposes without her permission.

She was not awarded any financial reward. The producers MAY have removed her for public relations purposes or as part of the settlement.

*This is the best information that I have had made available to me.
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#24

03-14-2003, 12:01 PM

Originally posted by necoeds
p00p..... my lawyer advised me to take it down because of all the heat i've been getting lately from the local police department.......

They're constantly on my ass..... they want to catch me or one of my camera guys getting a girl to flash.....then ticket the camera guy and the girl for indecent exposure.

Nebraska's full of a bunch of prudes..... and i'm just itch'n to take'm on......

Yeah, i can talk the talk, and walk the walk...... I just wish all this shit was over a good clear pic of a hot chick... not some blurry video cap from night shot........

But if what you are doing is legal, fuck the police! Your lawyer said what you are doing is perfectly legal, so why worry about getting arrested? Imagine all the free publicity!

I don't know about cops in Nebraska, but wouldn't the police have better things to do then follow you around hoping a girl will flash for you?

I don't know details of your situation, but if that was me in your shoes, and my lawyer said what I was doing was perfectly legal, I would leave that image up, and tell the cops to fuck themselves, or arrest me.

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#25

03-14-2003, 12:01 PM

How many extra signups did you get?
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ronaldo

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#26

03-14-2003, 12:01 PM

Originally posted by necoeds
Girls Gone Wild requires model releases for 1 reason.....

They want advertising rights..... They do indeed publish photos and video of girls that did not sign a release... however, as per a court decision around a year ago, they can't use the girl's images in "traditional media advertising" unless they have a signed release.

Yeah, what he said.
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necoeds

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#27

03-14-2003, 12:03 PM

I got ALOT of extra signups.... but not nearly what i got when i was on the news a few months ago for shooting some porn in a university of nebraska dorm room.......

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#28

03-14-2003, 12:03 PM

Originally posted by ronaldo

All of the models used to SELL GGW, DO in fact sign them.

The one lady who sued GGW, won ONLY the right to have her picture removed from the advertisement that PROMOTED GGW. The content was still allowed to be used on the inside of the video. The producers were NOT allowed to use her for advertising purposes without her permission.

She was not awarded any financial reward. The producers MAY have removed her for public relations purposes or as part of the settlement.

*This is the best information that I have had made available to me.

yes, i understand the reason why... i'm also under the impression that they now have every girl they shoot sign a release regardless. that's what the owner said in an interview i recently saw.

i believe it was on 48 hours...

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#29

03-14-2003, 12:04 PM

Originally posted by necoeds
I got ALOT of extra signups.... but not nearly what i got when i was on the news a few months ago for shooting some porn in a university of nebraska dorm room.......

fuck buying traffic, Im calling CJAD!
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necoeds

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#30

03-14-2003, 12:05 PM

Yes they do have every girl sign regardless....

But if the girl doesn't want a tshirt she doesn't have to sign.... no release = no tshirt

They only do this because they want to be able to use any girl they want to for advertising purposes.... ( which by the way is only for advertising purposes on traditional mediums... ie... tv commercials and the like)

Web advertising has yet to be challenged in the courts .... as far as public nudity images is concerned.

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#31

03-14-2003, 12:05 PM

Originally posted by quiet

yes, i understand the reason why... i'm also under the impression that they now have every girl they shoot sign a release regardless. that's what the owner said in an interview i recently saw.

i believe it was on 48 hours...

That IS quite possible. I didn't see it, so I can't comment. Also why I added the disclaimer
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#32

03-14-2003, 12:06 PM

You could remove the pic if the DJ thanks you in the air and repeats your URL at least 3 times
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#33

03-14-2003, 12:06 PM

I say you take it down. As you said it got you a few extra sign up's so you've made your money from it. Be respectful to the guy and take his girlfriends pic down.

If that was a pic of my girlfriend I would want it taken down as well. Not for the fact she has her boobies out but for the fact she's on a porn site and she is in no way attached to porn (well my girl is coz she owns some sites but you know what I mean) so come on you've had your fun and profit. Be nice

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#34

03-14-2003, 12:08 PM

Take the stupid picture down and move on.......Your already wasting time even posting here about it.... it's just not worth it.
Just my 2 cents

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#35

03-14-2003, 12:08 PM

Originally posted by The Porn Dude
The only question(s) you need to ask yourself is this.

Is that one picture going to generate more revenue for you by keeping it up and going to court and paying a ton of legal fees? Or are you going to fight this because they are pissing you off?

You read my mind! I was almost going to post when I came across yours.

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#36

03-14-2003, 12:09 PM

If your acting tha fool in public your fair game.

It IS legal to sell public footage/content without consent.

*BUT*

You CANT use a persons likeness to sell a product without consent which means you cannot use a persons face on a BOXCOVER, an AD ect to sell, promote a product without their permission.

-------------

A similar thing happened to girls gone wild.

they used a girl on the boxcover whom they filmed during one of the parties. she shit cause mommy, daddy and her hometown found out. So she sued to be taken off the cover and her footage be removed from the video. Her pic was taken off the cover but her footage remained in the video but i think the producer from girls gone wild removed her footage so they wouldnt get anymore uneeded heat.

keep that shit up and get you some publicity man!

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necoeds

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#37

03-14-2003, 12:10 PM

Yes, i see your point.... taking down the pic would be the "nice" thing to do, but i'm not in the biz of niceness..... i'm in the porn biz .... in bum-fuck nebraska.......

I'm tired of getting questions from police investigators about my biz...... And i think that a local media blitz over something like this is just what i need ;-)

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#38

03-14-2003, 12:11 PM

2257 says you had to have i.d. on file for adult stuff to be legal. did she give you a copy of her i.d.?

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necoeds

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#39

03-14-2003, 12:13 PM

Section 2257 covers sexually explicit material... which is NOT involved in this case... flashing boobs is not covered!!!!!!

Plus, it's in a bar with the minimum age of entry being 21 years old.....

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necoeds

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#40

03-14-2003, 12:13 PM

Refer to section 2256.... yo

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#41

03-14-2003, 12:20 PM

Originally posted by necoeds

Plus, it's in a bar with the minimum age of entry being 21 years old.....

Haha, when I was 18, I apparently fucked a 15 year old that I picked up in a bar.

She looked 18 to me and obviously to others, so that was instantly gonna be my first line of defense.
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#42

03-14-2003, 12:21 PM

I think by discussing it on the radio in addition to the public event, he made it newsworthy. You'll have nothing to worry about.

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necoeds

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#43

03-14-2003, 12:21 PM

Not that it matters much..... flashing and fucking 2 totally different things....

Flashing is not sexually explicit

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#44

03-14-2003, 12:26 PM

If I were you...

I'd call him up and thank him for advertising your site for you (in a genuine manner). Then (with your lawyer's OK), I'd agree to pull the pic IF the DJ agreed to have you come into the studio and discuss the issue (DO NOT talk on-air over the phone; that makes you an easy target)... perfect marketing opportunity to talk about the thousands of similar pics you have available on your site, while massaging his ego over having his girl flash the world (the "she's not alone, tons of other girls do it and we have the content on our site" angle). Pump his ego and be Mr. Nice Guy while at the same time pumping the hell out of your site by mentioning all the other content you have.

I'd turn a potential fight into a sales opportunity. That pic sucks anyhow; wouldn't you rather ditch it in exchange for a hundred new signups via FREE media exposure?
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#45

03-14-2003, 12:30 PM

Originally posted by Baal
If I were you...

I'd call him up and thank him for advertising your site for you (in a genuine manner). Then (with your lawyer's OK), I'd agree to pull the pic IF the DJ agreed to have you come into the studio and discuss the issue (DO NOT talk on-air over the phone; that makes you an easy target)... perfect marketing opportunity to talk about the thousands of similar pics you have available on your site, while massaging his ego over having his girl flash the world (the "she's not alone, tons of other girls do it and we have the content on our site" angle). Pump his ego and be Mr. Nice Guy while at the same time pumping the hell out of your site by mentioning all the other content you have.

I'd turn a potential fight into a sales opportunity. That pic sucks anyhow; wouldn't you rather ditch it in exchange for a hundred new signups via FREE media exposure?

What he said...
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#46

03-14-2003, 12:44 PM

Originally posted by GirlsFrehahahahas
Take the stupid picture down and move on.......Your already wasting time even posting here about it.... it's just not worth it.
Just my 2 cents

WTF... This is a great thread!!!

My first instinct was just take it down. That was what I planned to do if some girl contacted me about a public pic on my site. But after reading this thread, there are some good points about fighting it to create publicity. Local publicity is nothing, If you can get this story national, then you'll be making some bank. If your prepared to play the bad guy, I say go for it.

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#47

03-14-2003, 12:45 PM

Problem Solved:

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#48

03-14-2003, 12:48 PM

My two cents.

The picture is crappy and well it is just a picture. So use it as leverage.

The DJ will let you on the show, trust me. Set up an in person live interview with call ins. Go in this ready and learn to dodge and spin. You may get two interviews out of this if handled properly.

The station will get ratings, so they will go for it, they are just as greedy for ears as we are for clicks.

Be prepared to loose that image. Honestly it is not worth much and you are getting your monies worth and then some.

Now make yourself a nice full page ad, right off of your main URL. On this page set up a voting script. Yet plenty of links to your tour and to the "obscurred" version of that image. Add a nice little see the uncensored verion link as well (make it a join link or a 1.00 link). Maybe even a comments box.

Now the interview will consist of using the peoples (Nebraska) opinion on if you should remove or keep the image. Take calls, mention the URL to the main site as often as possible. Then also plug the voting page. Basicly let the people decide. The polls will remain open for a day or maybe a week, up to you. If it is longer than a day odds are the DJ will plug the poll often to get people to vote. You could arrange for a second interview to announce the results and address the comments that the fpa got.

This would be a very win win for you, and worst case is you loose the crappy picture, which you can remove despite the results just because the DJ was so damn nice about it. (i.e. future interviews, and calls to you whenever an adult topic comes up, you become the local expert).

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#49

03-14-2003, 12:53 PM

Flashing your tits in a public place gives that person no reasonable expectation of privacy. Period ! I would leave it but what do I know
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#50

03-14-2003, 12:53 PM

Originally posted by quiet

yes, i understand the reason why... i'm also under the impression that they now have every girl they shoot sign a release regardless. that's what the owner said in an interview i recently saw.

i believe it was on 48 hours...

i talked to the guy that was in charge of the ggw crew for the anger management tour this summer. he told me they have EVERY girl sign a release, it may have been diff before... but thats what they do now.

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