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

Phil · 11-17-2004, 06:37 PM

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???

TheMob · 11-17-2004, 06:38 PM

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

Phil · 11-17-2004, 07:02 PM

nobody?

Robert · 11-17-2004, 07:26 PM

Me too. Bump for this.

Double L · 11-17-2004, 07:37 PM

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.

Steen2 · 11-17-2004, 07:46 PM

GFY IS NOT LEGAL ADVICE.

Talk to your lawyer.

Phil · 11-17-2004, 07:48 PM

Quote:

Originally posted by Steen2
GFY IS NOT LEGAL ADVICE.

Talk to your lawyer.

if you have nothing to say shut the fuck up.

psyko514 · 11-17-2004, 10:06 PM

Quote:

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.

Esbee · 11-17-2004, 10:19 PM

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.

Phil · 11-17-2004, 10:26 PM

Quote:

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?

Phil · 11-17-2004, 10:27 PM

Quote:

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...

pornguy · 11-17-2004, 10:28 PM

That is the best advice. Talk to an attorney.

Phil · 11-17-2004, 10:31 PM

Quote:

Originally posted by pornguy
That is the best advice. Talk to an attorney.

Any recommendations?

Steen2 · 11-17-2004, 10:35 PM

Quote:

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

lol

Your comment is nothing but laughable.

Jace · 11-17-2004, 10:36 PM

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

The Heron · 11-17-2004, 10:37 PM

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.

Jace · 11-17-2004, 10:38 PM

Quote:

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

Phil · 11-17-2004, 10:40 PM

Quote:

Originally posted by Steen2
lol

Your comment is nothing but laughable.

move on to MrIzz's topics...... paaaaalease...
Thank you.. Dismissed?

psyko514 · 11-17-2004, 10:41 PM

Quote:

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.

Phil · 11-17-2004, 10:43 PM

Quote:

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..

Phil · 11-17-2004, 10:46 PM

Quote:

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?????

Phil · 11-17-2004, 10:47 PM

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

Jim_Gunn · 11-17-2004, 10:50 PM

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.

Phil · 11-17-2004, 11:03 PM

Quote:

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?

VirtuMike · 11-17-2004, 11:27 PM

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.

Phil · 11-17-2004, 11:41 PM

Quote:

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

skillfull · 11-17-2004, 11:43 PM

In Canada its illegal
we cant even use candids stuff...
i think its legal in the USA, but go talk to a lawyer

Phil · 11-17-2004, 11:46 PM

Quote:

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

Esbee · 11-17-2004, 11:56 PM

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.

BV · 11-18-2004, 12:10 AM

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

JulianSosa · 11-18-2004, 12:18 AM

Quote:

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

Phil · 11-18-2004, 12:21 AM

Quote:

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?

Phil · 11-18-2004, 12:25 AM

Quote:

Originally posted by JulianSosa

Edit . Forgot to say great quality video

Thanks, about 60K worth of equipment?

ztik · 11-18-2004, 12:27 AM

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

mardigras · 11-18-2004, 12:53 AM

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.

11-17-2004, 06:37 PM	#1
Phil Confirmed User Join Date: Jan 2004 Posts: 7,659	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

11-17-2004, 07:02 PM	#3
Phil Confirmed User Join Date: Jan 2004 Posts: 7,659	nobody? __________________ Ask Phil

11-17-2004, 07:26 PM	#4
Robert Ask me about negative cash flow Join Date: Feb 2001 Posts: 533	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.

11-17-2004, 07:46 PM	#6
Steen2 Confirmed User Join Date: Feb 2004 Location: Vancouver, Canada Posts: 7,662	GFY IS NOT LEGAL ADVICE. Talk to your lawyer. __________________ ICQ: 2262.73945

11-17-2004, 10:28 PM	#12
pornguy Too lazy to set a custom title Industry Role: Join Date: Mar 2003 Location: Homeless Posts: 62,911	That is the best advice. Talk to an attorney. __________________ PornGuy skype me pornguy_epic AmateurDough The Hottes Shemales online! TChicks.com \| Angeles Cid \| Mariana Cordoba \| MAILERS WELCOME!

11-17-2004, 06:38 PM	#2
TheMob Confirmed User Join Date: Jan 2003 Location: 2006 Posts: 8,584	interested in this as well.. I think you can use whatever you shoot in public..

11-17-2004, 07:37 PM	#5
Double L Confirmed User Join Date: Nov 2004 Location: US Posts: 349	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.

11-17-2004, 10:19 PM	#9
Esbee Confirmed User Join Date: Jun 2003 Location: Northern CA Posts: 109	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.

11-17-2004, 10:36 PM	#15
Jace FBOP Class Of 2013 Industry Role: Join Date: Jan 2004 Location: bumfuck, ky Posts: 35,562	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

11-17-2004, 10:37 PM	#16
The Heron Confirmed User Industry Role: Join Date: Apr 2001 Location: Michigan Posts: 4,488	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.

11-17-2004, 10:47 PM	#22
Phil Confirmed User Join Date: Jan 2004 Posts: 7,659	never mind.. here it is http://groups.google.com/groups?hl=e...ers.com&rnum=1 __________________ Ask Phil

11-17-2004, 10:50 PM	#23
Jim_Gunn Confirmed User Industry Role: Join Date: Feb 2003 Location: Where The Teens Are Posts: 5,702	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.

11-17-2004, 11:27 PM	#25
VirtuMike Confirmed User Join Date: May 2002 Location: Seat 1A Posts: 2,483	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

11-17-2004, 11:43 PM	#27
skillfull Confirmed User Industry Role: Join Date: Apr 2003 Location: Quebec Calisse Posts: 4,716	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

11-17-2004, 11:56 PM	#29
Esbee Confirmed User Join Date: Jun 2003 Location: Northern CA Posts: 109	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.

11-18-2004, 12:10 AM	#30
BV wtf Industry Role: Join Date: Sep 2001 Location: Bikini State, FL USA Posts: 10,914	The fact of the matter is you can be sued at any time. Think of it as a cost of doing business.

11-18-2004, 12:27 AM	#34
ztik Confirmed User Industry Role: Join Date: Aug 2001 Location: Nomad Posts: 5,196	How can it be legal if you don't have proof of their age? Wouldn't that break that 2257 crap?

11-18-2004, 12:53 AM	#35
mardigras Bon temps! Join Date: Feb 2003 Location: down yonder Posts: 14,194	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. __________________ .