Is It Legal To Have Surfers Submit Pics to you, Slap Your Logo and make money with i? - GoFuckYourself.com - Adult Webmaster Forum

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Fletch XXX

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#1

Is It Legal To Have Surfers Submit Pics to you, Slap Your Logo and make money with i?

07-19-2003, 08:45 AM

Thinking about starting a humor site, I notice the humor sites have different rules.

If I set up a submit script do I have to follow ? laws or can I just slap a logo on the pics my surfers send and make money off the traffic?

With all this VISA shit, im going to just get into FREE SITES, HUMOR sites, so I dont have to be bothered with legalities.

;)

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#2

07-19-2003, 08:47 AM

whoever smelt it, delt it ;)

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FRANKENSTEIN

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#3

07-19-2003, 08:52 AM

Originally posted by Fletch XXX
Thinking about starting a humor site, I notice the humor sites have different rules.

If I set up a submit script do I have to follow ? laws or can I just slap a logo on the pics my surfers send and make money off the traffic?

With all this VISA shit, im going to just get into FREE SITES, HUMOR sites, so I dont have to be bothered with legalities.

;)

I think it works that if you allow surfer submissions, and you get them to agree to your terms which state that they are the legal copyright holder etc... You should be fine.

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Fletch XXX

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#4

07-19-2003, 08:54 AM

Terms? Legal? Blah

Sites like Rotten.com and many others do not own the content they post.

Especially in the 'Fuck Of The Month' club, thats porn, someone elses content, sent in.

I can't wait to launch my site, Ive been saving pics for awhile.

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Fletch XXX

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#5

07-19-2003, 08:56 AM

I mean surfer submissions , I havent saved any pics

;(

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nobull

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#6

07-19-2003, 08:58 AM

dont do it...

1) i know someone that was taken to court and ended up settling, same exact thing, allowed other people to post photos to his site...they BOTH post here.
2) how are you going to verify age? with the gov. hiring 25 agents to montior 2257 and other laws you have to cover your ass.

thats my

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Mike AI

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#7

07-19-2003, 08:58 AM

Amazing people still have no concept of Copyright law.

First it is not "Illegal", that would be criminal.... your plan however could get you involved in some civil lawsuits.

There is no way to protect yourself 100%, unless you could check every photo submited was by the person who owned the rights.

Of course this "business model" is still rampant on the net, and has made some people very successful... ask Consumption Junction how profitable it is to make money from other people's Copyrighted work!

Ask JMM, he is an EXPERT on Copyright issues!

I recently won a settlement with someone who freqeunts THIS board on the same issue.... I settled because the kid did not have 2 pennied to rub together, but he learned an expensive ( for him at least) lesson, and will be sending me checks for a few months.

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#8

07-19-2003, 08:58 AM

Originally posted by Fletch XXX
Terms? Legal? Blah

Sites like Rotten.com and many others do not own the content they post.

Especially in the 'Fuck Of The Month' club, thats porn, someone elses content, sent in.

I can't wait to launch my site, Ive been saving pics for awhile.

Aren't rotten non-US based though? Even in the UK the laws governing the use of submitted images aren't as strict as those in the US.

Ignorance is never bliss.
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#9

07-19-2003, 08:59 AM

the humor sites like CJ and Stile will take anything. Hell somebody submitted a photo of Cheshire someone on GFY created and they slapped the CJ logo on it and published it.

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#10

07-19-2003, 08:59 AM

LOL...LOL....LOL

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Fletch XXX

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#11

07-19-2003, 08:59 AM

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#12

07-19-2003, 09:11 AM

No. Fair use prohibits commercial use UNLESS you can make a strong argument that the material was altered in such a way as to be a PARODY.

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#13

07-19-2003, 09:11 AM

Originally posted by Fletch XXX
I mean surfer submissions , I havent saved any pics

;(

..and I'm off.
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JMM

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#14

07-19-2003, 09:12 AM

Nope..it is not kosher.

There are many violations in doing this. The two biggest are copyright infringement, and misappropriation.

1. The copyright holder can sue you for violating his copyrights. That is a civil matter. If the infringement can be proven to be willful, the penalties increase substantially, and it could also be criminal.

2. Each model could sue you individually for misappropriation of likeness. They could also sue you for defamation if you defame them, which most humor sites do. Most releases allow for editorial text and comments of any kind. However, that right only extends to the copyright holder or their licensee.

This is my opinion. I am not a lawyer. However, if you use my content you will get to meet mine.
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Fletch XXX

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#15

07-19-2003, 09:13 AM

Originally posted by pimplink
No. Fair use prohibits commercial use UNLESS you can make a strong argument that the material was altered in such a way as to be a PARODY.

It's gonna be a FREE site, maybe I will sell banner spots or something. Might not put any porn on it, just FUNNY PICS>

;)

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#16

07-19-2003, 09:14 AM

Originally posted by Fletch XXX

It's gonna be a FREE site, maybe I will sell banner spots or something.

;)

Doesn't matter, as long as there is some sort of commercial gain for you (ads or spots, etc) then its "commercial."

Another exemption under "fair use" is to feature the content using a "review" ie., users review and make commentary. You need to edit the content a bit

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#17

07-19-2003, 09:15 AM

Originally posted by Tipsy

Aren't rotten non-US based though? Even in the UK the laws governing the use of submitted images aren't as strict as those in the US.

Absolutely false.

Copyright law is international, by treaty.

The U.K. is a signatory to the treaty.

Copyright law is EXACTLY the same in the U.K. as it is in the U.S.

Again..I am not a lawyer. Use my content and you will get to meet mine.
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Fletch XXX

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#18

07-19-2003, 09:16 AM

I forgot, I have videos too.

Like surfer submitted funny clips.

I got plenty of bandwidth, have it on dedicated, wont be much to host a couple gigs of humor mpegs.

Ill do reviews of the pics and videos. I make plenty of comments about it on my site. Little jokes and stuff.

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cherrylula

lol

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#19

07-19-2003, 09:19 AM

then you need to get a big bright url decal for your car and cruise sunset on the weekends

for anyone not in los angeles: there is a huge neon yahoo billboard over sunset blvd in hollywood.
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#20

07-19-2003, 09:21 AM

Originally posted by Fletch XXX
I forgot, I have videos too.

Like surfer submitted funny clips.

I got plenty of bandwidth, have it on dedicated, wont be much to host a couple gigs of humor mpegs.

Ill do reviews of the pics and videos. I make plenty of comments about it on my site. Little jokes and stuff.

For a review site to be valid, you have to credit the author. "Author unknown" several hundred times a week wont fly. Remember, the ultimate decision will be in the hands of a judge. Federal judges aren't stupid, they can read between the lines.
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#21

07-19-2003, 09:23 AM

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Fletch XXX

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#22

07-19-2003, 09:25 AM

Originally posted by JMM

Again..I am not a lawyer. Use my content and you will get to meet mine.

Neither am I. My uncle is though.

Hey check your icq (394543) I messaged you.

I'll show you some pics, you tell me if legal.

;)

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#23

07-19-2003, 09:26 AM

Originally posted by fiveyes
<CENTER></CENTER>

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LadyMischief

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#24

07-19-2003, 09:31 AM

Originally posted by Fletch XXX

It's gonna be a FREE site, maybe I will sell banner spots or something. Might not put any porn on it, just FUNNY PICS>

;)

If you profit from it in any way, it's still illegal. A dead bird is a dead bird, and unless you or the submitter have legal license to the content, or actual copyright, you can and probably will get sued.

You're in Canada, right Fletch? I can refer you to some good lawyers who can advise you.. DO NOT start this site without at least seeking legal advice first. You're a nice guy I don't wanna see you in jail or beggared over copyright suits and convictions.. it's a federal offense.

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#25

07-19-2003, 09:34 AM

I had a humor site back in the day. Got around 2,000 uniques a day. Not bad for a humor site that was springing popups on every page....lol. It was pretty much all bookmarks. Maybe some links here and there from other people, but not many. Out of all those visitors, I think I got 2 submissions EVER! That was for a period of about 2 years too. Most just want to go to your site and laugh. Trust me, they won't submit as often as you think. I knew some of the other big sites and we used to share content. I'd take some of his pictures, they'd take some of mine. Most of the funny pics, people make for the web. It's sort of like notoriety to see their pics up everywhere. Never once had a problem and I had gigs of stuff on my site. You'll be fine.
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Fletch XXX

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#26

07-19-2003, 09:35 AM

Canada?

hahaha

Nope, Southern California.

As for lawyers: My uncle owns a law firm on Wilshire in Los Angeles, trust me I don't need lawyers.

This site is gonna rock!

;)

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#27

07-19-2003, 09:37 AM

Originally posted by Fletch XXX
I forgot, I have videos too.

Like surfer submitted funny clips.

I got plenty of bandwidth, have it on dedicated, wont be much to host a couple gigs of humor mpegs.

Ill do reviews of the pics and videos. I make plenty of comments about it on my site. Little jokes and stuff.

I should also mention that you are also going to be subject to the laws about copyright etc whereever you are hosting the site.. The DMCA is NOT just applicable for porn, even though that's the use we all make of it. It applies to ALL copyrighted material... and unless the material is a) produced by the government or b) the artist has abandoned the copyright , it's subject to copyright laws... Don't forget also Moral rights laws come into effect when you don't have license/copyright to the material.. Moral rights laws can carry even steeper fines/sentances than actual copyright violations, because it's much easier to prove damages.

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#28

07-19-2003, 09:38 AM

Originally posted by Fletch XXX
Canada?

hahaha

Nope, Southern California.

As for lawyers: My uncle owns a law firm on Wilshire in Los Angeles, trust me I don't need lawyers.

This site is gonna rock!

;)

Best of luck though.. As an internationally published mainstream photographer though I will tell you, if I find my materials on your site, I would prosecute.. and so would a lot of other artists Still though, good luck.

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alias

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#29

07-19-2003, 09:43 AM

i already have a site like this: p i m p d o g.com it makes millions

https://porncorporation.com
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#30

07-19-2003, 10:03 AM

Lawsuits aren't what cost the most with humor sites, it's bandwidth. A friend of mine runs a humor site and it burns about 2mb/sec for every 100,000 unique visitors it gets.

I seem to remember Marc Womack (founder of consumption junction) saying that CJ does over 200 mb/sec and they have 25 load balanced servers to handle it.

There is a reason sites like stileproject eventually whored themselves out with all the ads, it just gets really expensive burning all the bandwidth.

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#31

07-19-2003, 10:13 AM

uh...........CBS is suing Ebaumsworld so go easy with the advice that nobody ever gets sued.

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#32

07-19-2003, 10:16 AM

Go Fletch!

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#33

07-19-2003, 10:21 AM

I'm no legal expert but I would think that provided your disclaimer makes it the responsibility of the person who uploads the picture then I don't see the problem, lets face it Yahoo run services just like that and so do many other BIG sites

Then again I could be horribly wrong, hope you like prison food

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#34

07-19-2003, 10:23 AM

Just do it Fletch and deal with any legal problems if they arise later on.

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Fletch XXX

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#35

07-19-2003, 10:24 AM

Originally posted by KRL
Just do it Fletch and deal with any legal problems if they arise later on.

Exactly, by the time I get the C & D, I'll take down the pic in question. ;)

That's clearly how folks stay afloat now.

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Fletch XXX

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#36

07-19-2003, 10:25 AM

Originally posted by Brujah
Go Fletch!

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quiet

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#37

07-19-2003, 10:25 AM

i'll be sending you traffic as soon as this new site's up Fletch.

we'll miss you our friend. RIP
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#38

07-19-2003, 10:31 AM

Originally posted by Fletch XXX
Thinking about starting a humor site, I notice the humor sites have different rules.

If I set up a submit script do I have to follow laws or can I just slap a logo on the pics my surfers send and make money off the traffic?

With all this VISA shit, im going to just get into FREE SITES, HUMOR sites, so I dont have to be bothered with legalities.

;)

Nobody seems to give a shit about consumptionjunction
stileproject etc...

just steal their "content" and you are good to go.

I would worry about being sued though.
Nobody but Serge (oddly enough) seems to call the cj ppl out.

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#39

07-19-2003, 10:46 AM

Don't listen to all them haters! Go ahead and do it and if anyone objects, tell them it's a humor site and you were just joking.

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#40

07-19-2003, 10:51 AM

People may say one thing here, but the big adult players don't seem to have any problem paying for traffic from the bigs site that they know use that type of content.

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#41

07-19-2003, 10:53 AM

Hehe. Funny thread.

If copyright infringement is so bad, why don't people ever bust on the big boys? Oh, that's right, money!

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#42

07-19-2003, 11:00 AM

It just gets people mad if you steal there photoshop they never sue. Ask Consumptionjunction <--- ICE BURN.
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#43

07-19-2003, 11:02 AM

Exactly, by the time I get the C & D, I'll take down the pic in question. ;)

That's clearly how folks stay afloat now.

You would get a C&D from me the first time my content was stolen, you may even get by with sendin me traffic the second time my content was stolen, but the third time - there would be no C&D. You would be served with a federal lawsuit... I would go after you for malicious use ( because my team would document every violation and preserve the evidence), and get 150k per violation.

My team would document any other violations with other content providers and contact them as well. If the person violating my Copyrights had deep pockets or wanted to fight, I would then have them go after the violaters based on RICO laws . ( Ask the people who had celeb sites about Civil RICO.... that is why most havee been shut down)

Federal Court is no place to play in....

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#44

07-19-2003, 11:04 AM

let's see - BlacksonBlondes, AdultBouncer, DeluxePass - they don't qualify as big boys? I guarantee u all three have more money than some of these 'big boys' u are referring to.

as far as the 'big boys' go, ARS, CE, CEN, SilverCash, MaxCash etc - none of them have ever stolen content.

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#45

07-19-2003, 11:11 AM

My contribution to your new site....

"Pictures are believed to be of public domain, in which case they are property of their creators. Our site does not claim any rights to these pictures, other than the right to post them because they were collected in the public domain. If anyone claims to be the lawful exclusive owner of a picture located here and you don't want it here, just let us know. It will be promptly removed. "

Good luck on your new venture!

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#46

07-19-2003, 11:15 AM

Ill add the 'not responsible for anything i link to as well.' just to cover more bases.

;)

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#47

07-19-2003, 11:23 AM

Originally posted by Mutt

as far as the 'big boys' go, ARS, CE, CEN, SilverCash, MaxCash etc - none of them have ever stolen content.

You don't think they make money from people using stolen content, though?

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#48

07-19-2003, 11:25 AM

While I have no opinion on whether or not you should do it, I would suggest that if you are going to do it, put as many layers in between it and yourself as far as ownership goes and then shut up and just do it.
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#49

07-19-2003, 11:58 AM

Just visit the sponsors that Stile uses too, so you know which ones don't mind the use of unlicensed content.

NastyDollars converts well I hear.
TopBucks
etc..

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#50

07-19-2003, 12:00 PM

Should check out the warez and ROM sites for sponsors as well. One of my favorite sponsors has no problem with their traffic.

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