Legal issues with Mardi Gras type or customer submitted content ?! Experts...

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  • Phil
    Confirmed User
    • Jan 2004
    • 7659

    #1

    Legal issues with Mardi Gras type or customer submitted content ?! Experts...

    let?s say I have a submission or some content from Mardi Gras, biker fest etc content..
    what issues may arise and what can I do to protect my ass.. besides not using it. Any experts???
    Ask Phil
  • TheMob
    Confirmed User
    • Jan 2003
    • 8584

    #2
    interested in this as well.. I think you can use whatever you shoot in public..

    Comment

    • Phil
      Confirmed User
      • Jan 2004
      • 7659

      #3
      nobody?
      Ask Phil

      Comment

      • Robert
        Ask me about negative cash flow
        • Feb 2001
        • 533

        #4
        Me too. Bump for this.
        SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, then you may use a 624x80 instead of a 120x60.

        Comment

        • Double L
          Confirmed User
          • Nov 2004
          • 349

          #5
          I believe if it's deemed as newsworthy and they're in public it's free game. I'm no lawyer though.

          So if you do use that type content, I'd add some text to make it more of a "look what chicks will do for beads these days" type pitch.

          I haven't had any problems using the content, but for me it's only some AVS sites, free sites and TGP pages.

          I think with Girls Gone Wild a judge ruled it wasn't even pornography. I might have that wrong, maybe it was an issue with an under 18 girl who flashed that the judge ruled wasn't porn. I'm too lazy to google it.

          Comment

          • Steen2
            Confirmed User
            • Feb 2004
            • 7662

            #6
            GFY IS NOT LEGAL ADVICE.

            Talk to your lawyer.
            ICQ: 2262.73945

            Comment

            • Phil
              Confirmed User
              • Jan 2004
              • 7659

              #7
              Originally posted by Steen2
              GFY IS NOT LEGAL ADVICE.

              Talk to your lawyer.
              if you have nothing to say shut the fuck up.
              Ask Phil

              Comment

              • psyko514
                See sig. Join Epic Cash.
                • Oct 2002
                • 22366

                #8
                Originally posted by CAMOKAT
                if you have nothing to say shut the fuck up.
                a little rude, aren't we?

                he truly gave you the best advice in the thread.

                the laws on this vary from country to country, state to state and even county to county. the best course of action is to speak with a lawyer.

                Bad Girl Bucks
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                email: psyko514(a)gmail.com | icq: 214-702-014

                Comment

                • Esbee
                  Confirmed User
                  • Jun 2003
                  • 109

                  #9
                  Correct advice is talk to a lawyer. That said... some interesting reading

                  Seems as though you're more likely to face a civil suit than face the government.

                  Comment

                  • Phil
                    Confirmed User
                    • Jan 2004
                    • 7659

                    #10
                    Originally posted by psyko514
                    a little rude, aren't we?

                    he truly gave you the best advice in the thread.

                    the laws on this vary from country to country, state to state and even county to county. the best course of action is to speak with a lawyer.
                    I was going to say something but I won?t.
                    May be what you said is true for traffic tickets?
                    Ask Phil

                    Comment

                    • Phil
                      Confirmed User
                      • Jan 2004
                      • 7659

                      #11
                      Originally posted by Esbee
                      Correct advice is talk to a lawyer. That said... some interesting reading

                      Seems as though you're more likely to face a civil suit than face the government.
                      perfect...
                      Thank You...
                      Ask Phil

                      Comment

                      • pornguy
                        Too lazy to set a custom title
                        • Mar 2003
                        • 62912

                        #12
                        That is the best advice. Talk to an attorney.
                        PornGuy skype me pornguy_epic

                        AmateurDough The Hottes Shemales online!
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                        Comment

                        • Phil
                          Confirmed User
                          • Jan 2004
                          • 7659

                          #13
                          Originally posted by pornguy
                          That is the best advice. Talk to an attorney.
                          Any recommendations?
                          Ask Phil

                          Comment

                          • Steen2
                            Confirmed User
                            • Feb 2004
                            • 7662

                            #14
                            Originally posted by CAMOKAT
                            if you have nothing to say shut the fuck up.
                            lol

                            Your comment is nothing but laughable.
                            ICQ: 2262.73945

                            Comment

                            • Jace
                              FBOP Class Of 2013
                              • Jan 2004
                              • 35562

                              #15
                              according to what has happened with joe francis:

                              as long as it was shot in a public setting it is fair game

                              but you're a dumbass if you come here for legal advice

                              your lawyer is your best friend in this situation

                              Comment

                              • The Heron
                                Confirmed User
                                • Apr 2001
                                • 4496

                                #16
                                If you do not own copyright on images then you could be potentially sued if you are making income from said images. Also you have the legal issue of proving ages of "models".
                                Beyond that get a fucking lawyer.

                                Comment

                                • Jace
                                  FBOP Class Of 2013
                                  • Jan 2004
                                  • 35562

                                  #17
                                  Originally posted by CAMOKAT
                                  if you have nothing to say shut the fuck up.
                                  nice to see an asshole with a lars banner...guess there is a first for everything

                                  Comment

                                  • Phil
                                    Confirmed User
                                    • Jan 2004
                                    • 7659

                                    #18
                                    Originally posted by Steen2
                                    lol

                                    Your comment is nothing but laughable.
                                    move on to MrIzz's topics...... paaaaalease...
                                    Thank you.. Dismissed?
                                    Last edited by Phil; 11-17-2004, 08:41 PM.
                                    Ask Phil

                                    Comment

                                    • psyko514
                                      See sig. Join Epic Cash.
                                      • Oct 2002
                                      • 22366

                                      #19
                                      Originally posted by CAMOKAT
                                      I was going to say something but I won?t.
                                      May be what you said is true for traffic tickets?
                                      no, it's true for laws concerning pornography as well, smart ass.

                                      Bad Girl Bucks
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                                      Promote BrandyDDD, Pixie's Pillows, Action Allie and more!

                                      Phoenix Forum Pics | Webmaster Access Montreal pics
                                      email: psyko514(a)gmail.com | icq: 214-702-014

                                      Comment

                                      • Phil
                                        Confirmed User
                                        • Jan 2004
                                        • 7659

                                        #20
                                        Originally posted by JaceXXX
                                        according to what has happened with joe francis:

                                        as long as it was shot in a public setting it is fair game

                                        but you're a dumbass if you come here for legal advice

                                        your lawyer is your best friend in this situation
                                        Hello McFly, you guy make it sound that I?ll be out there scouting for naked people tomorrow.. I just asked a question..
                                        Ask Phil

                                        Comment

                                        • Phil
                                          Confirmed User
                                          • Jan 2004
                                          • 7659

                                          #21
                                          Originally posted by psyko514
                                          no, it's true for laws concerning pornography as well, smart ass.
                                          Wow, that was quick? someone just had a link to article about ?girls gone wild? issue.. but it?s gone? From what I understand this type of content has more to with ?news? rather than ?pornography?? The girls were 16 and 17 btw.. why would it be pornography?????
                                          Last edited by Phil; 11-17-2004, 08:48 PM.
                                          Ask Phil

                                          Comment

                                          • Phil
                                            Confirmed User
                                            • Jan 2004
                                            • 7659

                                            #22
                                            never mind.. here it is http://groups.google.com/groups?hl=e...ers.com&rnum=1
                                            Ask Phil

                                            Comment

                                            • Jim_Gunn
                                              Confirmed User
                                              • Feb 2003
                                              • 5702

                                              #23
                                              Not for nothing, but all the knee jerk "talk to a lawyer" comments people are so quick to post are worse than useless, since it is A- common sense; and B- You couldn't even get five adult industry savvy First Amendment lawyers to agree on many of the complex issues we face, let alone any particular Joe Blow, Esq. one might retain.

                                              Comment

                                              • Phil
                                                Confirmed User
                                                • Jan 2004
                                                • 7659

                                                #24
                                                Originally posted by Jim_Gunn
                                                Not for nothing, but all the knee jerk "talk to a lawyer" comments people are so quick to post are worse than useless, since it is A- common sense; and B- You couldn't even get five adult industry savvy First Amendment lawyers to agree on many of the complex issues we face, let alone any particular Joe Blow, Esq. one might retain.
                                                I think this sums it up.. Thank You?
                                                Ask Phil

                                                Comment

                                                • VirtuMike
                                                  Confirmed User
                                                  • May 2002
                                                  • 2483

                                                  #25
                                                  If someone submits Mardi Gras content, it may be stolen. We've found our content EVERYWHERE even in some surprising places which shall remain nameless. We have more of this than just about anyone, and people LOVE it so much that they like to steal it.

                                                  DO NOT STEAL OUR CONTENT.
                                                  Host it in AMSTERDAM at EUROTIVITY! - We also offer BACKUP SERVICES!

                                                  XYZZY4L

                                                  Comment

                                                  • Phil
                                                    Confirmed User
                                                    • Jan 2004
                                                    • 7659

                                                    #26
                                                    Originally posted by VirtuMike
                                                    If someone submits Mardi Gras content, it may be stolen. We've found our content EVERYWHERE even in some surprising places which shall remain nameless. We have more of this than just about anyone, and people LOVE it so much that they like to steal it.

                                                    DO NOT STEAL OUR CONTENT.
                                                    nice plugin. but I was talking about my own content. Probably just as good if not better.


                                                    SAMPLE
                                                    Ask Phil

                                                    Comment

                                                    • skillfull
                                                      Confirmed User
                                                      • Apr 2003
                                                      • 4716

                                                      #27
                                                      In Canada its illegal
                                                      we cant even use candids stuff...
                                                      i think its legal in the USA, but go talk to a lawyer
                                                      mind at underdark dot cc
                                                      SEO Analyst
                                                      Thunder-Ball.net - Member

                                                      Comment

                                                      • Phil
                                                        Confirmed User
                                                        • Jan 2004
                                                        • 7659

                                                        #28
                                                        Originally posted by skillfull
                                                        In Canada its illegal
                                                        we cant even use candids stuff...
                                                        i think its legal in the USA, but go talk to a lawyer
                                                        thank you. I'll keep that in mind. For now I'm talking strictly about usa
                                                        Ask Phil

                                                        Comment

                                                        • Esbee
                                                          Confirmed User
                                                          • Jun 2003
                                                          • 109

                                                          #29
                                                          I'd stick with clips where it's obvious that the people on film are aware the camera is present. Would be much harder for them to claim they weren't aware.... blah... blah... blah...

                                                          The clips showing the subject's profile, where she's not looking anywhere near the camera and you couldn't possibly prove she's almost certainly aware a camera is present seems sketchy. Too easy for someone to come back and say she had no intention of being on film, blah... blah... blah... May well be you'd win a court case, but that's not exactly cheap.

                                                          Comment

                                                          • BV
                                                            wtf
                                                            • Sep 2001
                                                            • 10914

                                                            #30
                                                            The fact of the matter is you can be sued at any time. Think of it as a cost of doing business.

                                                            Comment

                                                            • JulianSosa
                                                              Confirmed User
                                                              • Aug 2003
                                                              • 3042

                                                              #31
                                                              Originally posted by CAMOKAT
                                                              nice plugin. but I was talking about my own content. Probably just as good if not better.


                                                              SAMPLE


                                                              2257 you showed pink that is considered sexually explicit. I would not touch it. Tits and ass are liability enough.


                                                              Edit . Forgot to say great quality video

                                                              Comment

                                                              • Phil
                                                                Confirmed User
                                                                • Jan 2004
                                                                • 7659

                                                                #32
                                                                Originally posted by BV
                                                                The fact of the matter is you can be sued at any time. Think of it as a cost of doing business.
                                                                In US you can be sued any time anywhere? I have been in small claims court three times over 1500 car which didn?t even belong to me?
                                                                This is brand new field for me so I just wanted to find out opinions of someone who has done it before?
                                                                Ask Phil

                                                                Comment

                                                                • Phil
                                                                  Confirmed User
                                                                  • Jan 2004
                                                                  • 7659

                                                                  #33
                                                                  Originally posted by JulianSosa

                                                                  Edit . Forgot to say great quality video
                                                                  Thanks, about 60K worth of equipment?
                                                                  Ask Phil

                                                                  Comment

                                                                  • ztik
                                                                    Confirmed User
                                                                    • Aug 2001
                                                                    • 5196

                                                                    #34
                                                                    How can it be legal if you don't have proof of their age?
                                                                    Wouldn't that break that 2257 crap?
                                                                    .

                                                                    Comment

                                                                    • mardigras
                                                                      Bon temps!
                                                                      • Feb 2003
                                                                      • 14194

                                                                      #35
                                                                      Stuff shot inside a club is considered on private property and falls under different rules than stuff shot on the street.

                                                                      It is a very bad idea to use any one person's image for marketing (box covers, ads, etc.).

                                                                      There are too many girls who will come right up to the camera and flash for nice beads, no reason to use shots that even look like the person may be unaware of it.
                                                                      .

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