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-   -   When to give out model ID's to affiliates? (https://gfy.com/showthread.php?t=478477)

Kimmykim 06-08-2005 07:32 PM

Quote:

Originally Posted by tony404
I read it a article I dont remember it talked about that and that adam and eve spent 1 million dollars. Also you know I love you but I know you make your living from big fish so it wouldnt be wise to agree with me lol :)

Was Adam and Eve prosecuted? or did they gain something from contributing from another prosecution? I don't deal with A&E other than a couple of conversations here and there with some of their marketing folks.

Figure out who was prosecuted, who went to jail, and you'll know who I'm talking about :)

tony286 06-08-2005 07:45 PM

They fought for themselves
http://indyweek.com/durham/2001-06-06/cover.html

will76 06-08-2005 10:14 PM

Quote:

Originally Posted by AsianDivaGirlsWebDude
(as I recall Lensman banned someone recently for posting his personal info).

ADG Webmaster

The irony :upsidedow

will76 06-08-2005 10:32 PM

Quote:

Originally Posted by JaceXXX
i was thinking the same thing...it really is a catch 22...but the fact remains, if lensmans program doesn't have it in their model release that their info is no longer private and will be handed out to promote that model, i can see some serious legal issues coming if that girl gets stalked or in trouble with some crazy fan


it's not a catch 22, it is rather simple actually, sponsors can go at it one way or another, they have a choice.

Choice #1 all nude content stays on the sponsors servers and you link to their pages for free hosted galls, tours, etc, to show the nudity. (IMO nudity is only *required* to sell on TGPS and FHG's can fix that problem.) Don't see why sponsor wont let you "Build your own Gallery" on their server, you upload graphics or select layout, select the pics you want to use and publish it on their server, make your own FHG.

With choice #1 a sponsor could respect the privacy of all the models, which i am sure he told that their info would remain private. At the same time the sponsor still takes care of their affiliates. If the affiliates needs to use nude content in ways that the sponsor can not provide, then whats the big deal in buying your own from a content provider? Someone who has models who are cool with their info being given out to people who purchase their content, not given out freely to thousands who signup as an affiliate.

Choice #2, just do it, give out all the info and say the DOJ made you do it.. which is incorrect and I think opens you up to lawsuits from the models who info you gave out. When the model sues you and your defense is " the DOJ made me do it" the model is going to own your site. Just wait till one of these girls is killed and the guy confesses he got the info by pretending to be an affiliate and signing up to the site. Choice #1 is a pretty obvious choice and not to hard to see that you do have options other then violating the privacy of a model who did not agree to disclosing her info inthe first place.

will76 06-08-2005 10:41 PM

Quote:

Originally Posted by tony404
giving models info to a affiliate or to someone who buys content ,has nothing to do with any privacy law.I dont know who came up with this? Adult mag publishers have been doing this for years. My wife shot for a adult mag(got the cover :) ,the photog who shot her was a freelancer he sold the pics to the mag and that included all her info. Its done all the time in the real world. As for lens if your going to give them the info what are u waiting for the time is ticking? I would assume the 80/20 rule applys here. Meaning 80% of the sales are made by 20% I would take care of the 20. Also I would think about no one becomes a affiliate who incorporated with a tax id number. It saves you money no more 1099's and the person has put some skin in the game.

How can you begin to compare one person selling a business and passing the 2257 docs onto the new owner = giving the model's info to thousands of webmasters because you *think* you need to do it.

In your situation the new owner *needed* the info to continue selling the product her purchased. In the current 2257 situation, it is easy, don;t give your affiliates nude content to use. If they need to use nude content let them link to it on your server.

It is a privacy issue. In your situation (which was a poor comparison) it was pretty obvious that your wife understood the owner of the company needed to have access to her information to keep on file, and just as obvious that would transfer to a new owner. The models who did a photo shot for you were under the same assumptions, that only *you* the owner, would be the only one to see the info, or for that matter *need* to see her info.

NOW if that adult mag gave your wife's info to every gas station and coner store who sold the mag, now that would be a good comparison.

PhillipB 06-08-2005 10:51 PM

[QUOTE=Lensman]Also, we will not hand it out to any old surfer that joins our program, we will only give it to known long-term webmasters who do this shit for a living.
QUOTE]

I'm afraid you will, because that's what the law requires. It doesn't differentiate between short and long-term Webmasters, nor does it differentiate between those that get sales and those that don't. As soon as a WM puts a Reality Cash picture or banner online, he/she is required to provide documentation. If you as the producer fail to provide said documentation, you could be held liable as well.

pxxx 06-08-2005 10:57 PM

Quote:

Originally Posted by Lensman
I think it's great that guys like Steve Lightspeed and Donovan Phillips don't want to give out the IDs of their models to affiliates. After all, their models are amateurs and most of the time do not do it for a living. They most likely have only shot for 1-2 shooters ever. They don't even fuck guys on camera (note to myself - ask Steve about off camera).

BUT we will provide model IDs to our full-time RealityCash affiliates. Why? Because our girls are not amateurs, they shoot for lots of people. You can buy content on most of them from someone else and get the info. It's pretty tough to sell hardcore porn these days without avertising hardcore porn. Also, we will not hand it out to any old surfer that joins our program, we will only give it to known long-term webmasters who do this shit for a living.

Not giving IDs = good.
Giving out IDS = good.

It just depends on the circumstances.

Long live RealityCash webmasters.

Amen to that, will look forward to getting the ID's. :thumbsup

will76 06-08-2005 10:59 PM

[QUOTE=APN Philip]
Quote:

Originally Posted by Lensman
Also, we will not hand it out to any old surfer that joins our program, we will only give it to known long-term webmasters who do this shit for a living.
QUOTE]

I'm afraid you will, because that's what the law requires. It doesn't differentiate between short and long-term Webmasters, nor does it differentiate between those that get sales and those that don't. As soon as a WM puts a Reality Cash picture or banner online, he/she is required to provide documentation. If you as the producer fail to provide said documentation, you could be held liable as well.

Thats incorrect. If someone does not have permission to use his nude content, and they download it and use it anyway, he is not required to say "oh well i didn't want you to use it but since you did anyway let me send you those docs so i don't get in trouble."

The law differentiates between people use nudity and people who don't. What lensman was saying was that he would choose who he allows to use the nude pictures. That is his right, and if someone uses it unathorized with his docs, their ass is on the line not his. It is the person who puts the nude picture on their server responsiblity to have the docs, if you don't have the docs then don't use the nude pic, pretty simple guys.

Major (Tom) 06-08-2005 11:02 PM

im behind ya lens :)
duke

NTSS 06-08-2005 11:05 PM

Quote:

Originally Posted by Lensman
I think it's great that guys like Steve Lightspeed and Donovan Phillips don't want to give out the IDs of their models to affiliates. After all, their models are amateurs and most of the time do not do it for a living. They most likely have only shot for 1-2 shooters ever. They don't even fuck guys on camera (note to myself - ask Steve about off camera).

BUT we will provide model IDs to our full-time RealityCash affiliates. Why? Because our girls are not amateurs, they shoot for lots of people. You can buy content on most of them from someone else and get the info. It's pretty tough to sell hardcore porn these days without avertising hardcore porn. Also, we will not hand it out to any old surfer that joins our program, we will only give it to known long-term webmasters who do this shit for a living.

Not giving IDs = good.
Giving out IDS = good.

It just depends on the circumstances.

Long live RealityCash webmasters.

Makes a lot of sense

Snake Doctor 06-09-2005 12:31 AM

Quote:

Originally Posted by APN Philip
I'm afraid you will, because that's what the law requires. It doesn't differentiate between short and long-term Webmasters, nor does it differentiate between those that get sales and those that don't. As soon as a WM puts a Reality Cash picture or banner online, he/she is required to provide documentation. If you as the producer fail to provide said documentation, you could be held liable as well.

Actually he won't.....because he gets to decide which webmasters are allowed to use the hardcore content and promotional materials and which ones aren't.
You are given a limited implied license to use a sponsor's free promotional content and advertising materials, and that license can be rescinded at any time.

If they don't want to give you content and ID's they don't have to, simple as that.

LiveDose 06-09-2005 12:37 AM

This 2257 is a shit storm. Personally I could never give out ID info on girls that we have shot. It just seems so risky. That is just my take on it though.

I know everyone is trying to figure out the best route to take in a situation with no real good choices... :2 cents:

RogerV 06-09-2005 12:40 AM

Quote:

Originally Posted by Kimmykim
Sigh. Affiliates aren't secondary producers if they are getting their content from a sponsor that bought it from someone else. They are then technically a tertiary in the mathematical chain of things, though I doubt the government has given any thought to the difference between an affiliate and a sponsor, or a primary content producer versus a customer.

Frankly, I don't think, reading through the new regs the way they were finally adopted, that the government has the least clue about how our business works or what the relationships between the different entities and parties involved actually convey or represent.

Add to that the fact that the government most likely has made their target list already of whom they intend to investigate first, and the whole situation begins to resemble a badly run goat rodeo.

I've heard of situations already where two attorneys, both card carrying bar members able to practice in two different states, have diametrically opposing counsel for the same client in regards to the same situation.

I'm also curious as to what may happen if one of the targets happens to be a US citizen that doesn't own their company or their company is owned outside the United States.

At the end of the day, the attorneys are going to be happy campers with this deal, they're surely the only ones that are going to benefit when the investigations, and potential indictments, start coming down the pipe.

KK your right the only ones who win are the scum sucking attorneys like always. damn bottom feeders

Trax 06-09-2005 12:42 AM

good thread and good move lens

GonZo 06-09-2005 12:43 AM

Quote:

Originally Posted by Kimmykim
Sigh. Affiliates aren't secondary producers if they are getting their content from a sponsor that bought it from someone else. They are then technically a tertiary in the mathematical chain of things, though I doubt the government has given any thought to the difference between an affiliate and a sponsor, or a primary content producer versus a customer.

Frankly, I don't think, reading through the new regs the way they were finally adopted, that the government has the least clue about how our business works or what the relationships between the different entities and parties involved actually convey or represent.

Add to that the fact that the government most likely has made their target list already of whom they intend to investigate first, and the whole situation begins to resemble a badly run goat rodeo.

I've heard of situations already where two attorneys, both card carrying bar members able to practice in two different states, have diametrically opposing counsel for the same client in regards to the same situation.

I'm also curious as to what may happen if one of the targets happens to be a US citizen that doesn't own their company or their company is owned outside the United States.

At the end of the day, the attorneys are going to be happy campers with this deal, they're surely the only ones that are going to benefit when the investigations, and potential indictments, start coming down the pipe.

2nd Pearl in the wrong damn place!

RAM 06-09-2005 12:46 AM

Quote:

Originally Posted by FilthyRob
Good deal Lensman, I am one of your not so full time webmasters, but I have sent you traffic from the day we talked in Santa Monica, so I hope you make me work even harder for you by giving me the necessary tools to keep promoting you the only way I know how. Content that matches the sites.


So true...and I'm willing to bet you can count on Lens and the Adult.com team to make it happen :thumbsup

PhillipB 06-09-2005 06:54 AM

[QUOTE=will76]
Quote:

Originally Posted by APN Philip

Thats incorrect. If someone does not have permission to use his nude content, and they download it and use it anyway, he is not required to say "oh well i didn't want you to use it but since you did anyway let me send you those docs so i don't get in trouble."

The law differentiates between people use nudity and people who don't. What lensman was saying was that he would choose who he allows to use the nude pictures. That is his right, and if someone uses it unathorized with his docs, their ass is on the line not his. It is the person who puts the nude picture on their server responsiblity to have the docs, if you don't have the docs then don't use the nude pic, pretty simple guys.

I think you misread my post or perhaps I worded it incorrectly.

First of all, it's not nudity vs. non-nudity...softcore content for the most part is exempt from the regs (you might want to read up on 2257). As of now, every affiliate has the right to use RC promotional content, softcore or other. I'm obviously not talking about some surfer who downloads RC content and puts it up on the Web. But a surfer isn't a surfer if he joins the program and throws up a gallery...he's an affiliate now. And Lensman is talking about determining which AFFILIATES get access to model documentation and which don't. I was more curious as to what sort of system he will put in place to determine which Webmasters are worthy of hardcore promotion and which aren't. What will be the threshold? 1 sale a week, 2 sales a week, 50?

My point is, where does it say that the more successful you are, the less of a psycho stalker you are? I know pleny of big traffic guys that would probably love to get their hands on a hot model's home address. :(

Look, I have a lot of respect for him and anybody else trying to circumnavigate the system. These new regs suck and I don't think anybody can argue that! :2 cents:

PhillipB 06-09-2005 07:03 AM

Quote:

Originally Posted by Lenny2
Actually he won't.....because he gets to decide which webmasters are allowed to use the hardcore content and promotional materials and which ones aren't.
You are given a limited implied license to use a sponsor's free promotional content and advertising materials, and that license can be rescinded at any time.

If they don't want to give you content and ID's they don't have to, simple as that.

See my last post. I agree, the right can be rescinded at any point. But you can't rescind the right AFTER the fact. I'm assuming Lensman would look at his current affiliate base and determine which can promote hardcore and which can't. Subsequently, all future affiliates would go through a more scrutinized application process. I think it's a great idea, but was just curious whether or not one's level of signups can accurately determine one's level of sanity. Like I said above, I know some big players that are obsessed with some of these models. Conversely, I know some small guys that wouldn't dream of sitting outside a model's window with a pair of binoculars.

PhillipB 06-09-2005 07:07 AM

Quote:

Originally Posted by Kimmykim
Sigh. Affiliates aren't secondary producers if they are getting their content from a sponsor that bought it from someone else. They are then technically a tertiary in the mathematical chain of things, though I doubt the government has given any thought to the difference between an affiliate and a sponsor, or a primary content producer versus a customer.

Gosh I hope you're right Kimmy. That would make my affiliates' lives a whole lot easier...

Peter Romero 06-09-2005 07:39 AM

Quote:

Originally Posted by TheDoc
From what I gather, unless your release states that you are giving out the records, legally, you can't. A person has to sign off to allow personal data to transfer hands.

You have obviously never seen a real live model release. They sign thier lives away. Try asking them all to comeback to your studio, give the cash back & give em thier ID's back. Not a chance. If the talent was so protective of thier privacy, T H E Y W O U L D N ' T L E T U S T A K E T H I E R P I C T U R E ! ! !

Trax 06-09-2005 07:45 AM

100 :).....

Johny Traffic 06-09-2005 07:49 AM

Quote:

Originally Posted by Shooting_Manic

Oh btw... I want a nickle for everytime Gator has posted in a 2257 thread and not made sense. :)

If theres a nickle going for everyone, I to want to be on that gravey train :thumbsup

Rui 06-09-2005 08:15 AM

Its your program..tho I don't agree with your position, the dangers beeing pro or amateur are the same if not bigger in the first one...

Goodluck and all the best tho

The Ghost 06-09-2005 08:33 AM

Well said.

The Ghost 06-09-2005 09:04 AM

Quote:

Originally Posted by tony404
I read it a article I dont remember it talked about that and that adam and eve spent 1 million dollars. Also you know I love you but I know you make your living from big fish so it wouldnt be wise to agree with me lol :)

Adam & Eve is a company that requires model identification to be sent to them, and have required it for years. So if you go to their retail website, they have the model identification for every one of the movies on their site. And i'm sure they're this meticulous in all of their record keeping. Sounds like they have a million reasons to do it.

We still do not advocate releasing the 2257 information to the general public or even to all affilliates. But any promotion of explicit erotica makes it neccessary. And it's the law.


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