GoFuckYourself.com - Adult Webmaster Forum - View Single Post - Internet Laws ??? - What Is The Law ???

CDSmith · 08-16-2001, 05:37 AM

Here again is another niche area that I've wondered about, as to the legality of the real stuff. The whole concept of voyeur content touches greatly on the area of the law dealing with invasion of privacy.

I'll go through your disclaimer and add in a few points that may be useful:

Do NOT send us photos that you have obtained from any other website.

Okay, right there you are giving up control of your own site to those that submit. This is the last thing I would do if I were to start a voyeur site. You never know where these people are grabbing photos from, and it could very well get you into serious trouble.

By sending us your photos / videos, you are releasing us from any copyright issues that may occur by posting copyrighted material at our website.

Yes, the submitters may be held to this standard, but I can assure you that if you are posting pics that belong to another company, say a content provider, then you are dead wrong in thinking that you are immune from being sued. The fact is, IF one of your submitters happens to grab a nice voyeuristic shot from a newsgroup, and just say it belongs to a content provider like sunup media or python video or any big content provider, and just SAY that one of their people happened to catch you displaying their copyrighted material on your site, they can sue you. They aren't required to give you any notice, and they aren't even required to TELL you anything prior to suing you. I know several webmasters that got away very lucky (by the skin of their asses) in similar circumstances. At the very least your site could be shut down completely for even ONE such violation.

By sending us your photos, you are releasing us from any legal ramifications that may arise from the public display of the photos.

Again, same as above, nice try but no sale. The submitters aren't legally responsible either so this item in your disclaimer becomes meaningless. I can assure you it means nothing to a copyright holder or a judge for that matter, that the submitter "released you from legal harm".

We will publish voyeur-type images but in no way condon or encourage any person(s) to partake in voyeur practices. If you believe that there are images on this website that were taken without your consent then email us and we will remove the images in question immediately.

The above smacks of the old disclaimer language "we believe our images to be obtained from the public domain" type of thing, and everyone should know by now that there is no public domain (unless you have it in writing from the photographer that he has released his/her images to the public domain. Since that rarely if ever happens, there simply is no actual public domain.)

WHAT I WOULD DO:

I would take down the submission page all together. Nuke it. Then I would either get a digital camera with a good zoom feature, or I would hire a good photographer, then hire some local models and begin staging all of your voyeur content. This type of content can be staged quite easily with a little imagination, and no one can easily prove that it's not the real deal. Get release/consent forms signed by the models, and go 100% legitimate. You can then slap your own copyright onto each of your own pics.

It's really not as hard as it sounds. I recruit new models all the time, and each time I do, I offer them a cash incentive to refer me their friends that also want to model, so I never run short of new faces. I've got an airtight release form, and I pay them in cash after each shoot, making them sign a reciept showing the exact amount they were paid.

Go legit, it's not worth the headaches of facing possible lawsuits and leaving your anal regions open to criminal charges and/or police probings

Think about it.

Actually, now that I think of it, I have several very cute models available for this type of work, I would gladly script some voyeur shoots and sell you some content. icq 31024634 or [email protected]
___________
CD

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[This message has been edited by CDSmith (edited 08-16-2001).]

08-16-2001, 05:37 AM
CDSmith Too lazy to set a custom title Industry Role: Join Date: May 2001 Location: My network is hosted at TECHIEMEDIA.net ...Wait, you meant where am I located at? Oh... okay, I'm in Winnipeg, Canada. Oops. :) Posts: 51,460	Here again is another niche area that I've wondered about, as to the legality of the real stuff. The whole concept of voyeur content touches greatly on the area of the law dealing with invasion of privacy. I'll go through your disclaimer and add in a few points that may be useful: Do NOT send us photos that you have obtained from any other website. Okay, right there you are giving up control of your own site to those that submit. This is the last thing I would do if I were to start a voyeur site. You never know where these people are grabbing photos from, and it could very well get you into serious trouble. By sending us your photos / videos, you are releasing us from any copyright issues that may occur by posting copyrighted material at our website. Yes, the submitters may be held to this standard, but I can assure you that if you are posting pics that belong to another company, say a content provider, then you are dead wrong in thinking that you are immune from being sued. The fact is, IF one of your submitters happens to grab a nice voyeuristic shot from a newsgroup, and just say it belongs to a content provider like sunup media or python video or any big content provider, and just SAY that one of their people happened to catch you displaying their copyrighted material on your site, they can sue you. They aren't required to give you any notice, and they aren't even required to TELL you anything prior to suing you. I know several webmasters that got away very lucky (by the skin of their asses) in similar circumstances. At the very least your site could be shut down completely for even ONE such violation. By sending us your photos, you are releasing us from any legal ramifications that may arise from the public display of the photos. Again, same as above, nice try but no sale. The submitters aren't legally responsible either so this item in your disclaimer becomes meaningless. I can assure you it means nothing to a copyright holder or a judge for that matter, that the submitter "released you from legal harm". We will publish voyeur-type images but in no way condon or encourage any person(s) to partake in voyeur practices. If you believe that there are images on this website that were taken without your consent then email us and we will remove the images in question immediately. The above smacks of the old disclaimer language "we believe our images to be obtained from the public domain" type of thing, and everyone should know by now that there is no public domain (unless you have it in writing from the photographer that he has released his/her images to the public domain. Since that rarely if ever happens, there simply is no actual public domain.) WHAT I WOULD DO: I would take down the submission page all together. Nuke it. Then I would either get a digital camera with a good zoom feature, or I would hire a good photographer, then hire some local models and begin staging all of your voyeur content. This type of content can be staged quite easily with a little imagination, and no one can easily prove that it's not the real deal. Get release/consent forms signed by the models, and go 100% legitimate. You can then slap your own copyright onto each of your own pics. It's really not as hard as it sounds. I recruit new models all the time, and each time I do, I offer them a cash incentive to refer me their friends that also want to model, so I never run short of new faces. I've got an airtight release form, and I pay them in cash after each shoot, making them sign a reciept showing the exact amount they were paid. Go legit, it's not worth the headaches of facing possible lawsuits and leaving your anal regions open to criminal charges and/or police probings Think about it. Actually, now that I think of it, I have several very cute models available for this type of work, I would gladly script some voyeur shoots and sell you some content. icq 31024634 or [email protected] <font face="Verdana">___________ CD * <a href="http://www.erasercash.com/wm.html?ID=1380291" TARGET="_blank"><font face="Verdana" color="#FFCCCC">ERASERCASH!</font></a> Earn $35 per sale + webmaster referrals 4 LEVELS DEEP</font> * <a href="http://www.topbucks.com/affiliate/clickthru.cgi?id=1448" TARGET="_blank"><font color="#FFFFDD"> $40/signup, $50/recur, 65% partnerships</font></a> + free content, free daily galleries! * <a href="http://www.stiffycash.com/?referer=cdsmith" TARGET="_blank"><font color="#FFCCFF">Make $35 per $1.95 Trial!!</font></a> +Free content! Is that a stiffy or a roll of 50's? [This message has been edited by CDSmith (edited 08-16-2001).]