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-   -   is it wrong to impersonate a model? (https://gfy.com/showthread.php?t=1157784)

Katemeetsfate 12-27-2014 06:39 AM

is it wrong to impersonate a model?
 
Is it ok or wrong to impersonate a model on social, but have affiliated links to her official site?

Barry-xlovecam 12-27-2014 07:01 AM

Publicity | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute
15 U.S. Code § 1125 - False designations of origin, false descriptions, and dilution forbidden | LII / Legal Information Institute
It's against the law in the United States -- you can be sued.

Katemeetsfate 12-27-2014 07:06 AM

Even though I am an affiliate for their site? therefore have the rights to use their images/videos to promote their site?

Katemeetsfate 12-27-2014 07:07 AM

Doesn't this happen all the time on Tinder and other dating apps where bots spam users setting up fake profiles?

Barry-xlovecam 12-27-2014 07:19 AM

If the social media business is located in the USA they have safe harbor of your actions but they will terminate your account and most likely ban you. They would have the legal obligation to mitigate the damage if notice is made of the tort.

No affiliate program can licence a model's right of publicity nor her trademark. The only thing you are licensed is the right to use the copyright content (images, videos, other promotional materials). Just because you are not specifically forbidden to do some unlawful action by the affiliate contract does not create some loophole.

Quote:

Doesn't this happen all the time on Tinder and other dating apps where bots spam users setting up fake profiles?
Just because Joe sells crack in the projects doesn?t create a legal excuse for Bob's defense when he is arrested -- Joe does it ...

Katemeetsfate 12-27-2014 07:23 AM

ok so the right way to do is have a social account to post images of more than one model, and just sharing those with the affiliate link, that would be ok right?

DVTimes 12-27-2014 07:47 AM

why not ask the site if its ok.

i would think that they would have there own facebook page and not be too happy with you

but why not ask them first

Barry-xlovecam 12-27-2014 08:29 AM

Yes, within that social media site's rules/TOS on content allowed.

Don't use affiliate links direct in social media. Make links to your website or blog. Use the social medias' link authority to your advantage. The reposts and retweets are where that comes in really. I read the TOS of some social media they do not allow affiliate links -- whether this is commonly enforced or not? Point is: Don't build a house on a foundation of sand ... It's a train wreck waiting to happen.

DBS.US 12-27-2014 09:29 AM

http://2.bp.blogspot.com/-Da675TCKS3...Mk/s1600/6.jpg
I can come visit you if I can find some money to fix my car, It needs a new water pump thing that only cost $524.97. I could ask my old boyfriend unless you have any ideas??:winkwink:

chloelewis 12-27-2014 09:43 AM

Quote:

Originally Posted by Katemeetsfate (Post 20339255)
Is it ok or wrong to impersonate a model on social, but have affiliated links to her official site?

Shouldn't you be asking her?

ITraffic 12-27-2014 09:51 AM

create a tribute / fan page.

Barry-xlovecam 12-27-2014 10:00 AM

Quote:

Originally Posted by ITraffic (Post 20339359)
create a tribute / fan page.

You can do that.
You just cannot impersonate her.

Quote:

im·per·son·ate
imˈpərsəˌnāt/
verb
verb: impersonate; 3rd person present: impersonates; past tense: impersonated; past participle: impersonated; gerund or present participle: impersonating

pretend to be (another person) as entertainment or in order to deceive someone.
Impersonate does not mean "speak for someone" like a ghost writer would or a publicist would. Impersonate does not apply in this case to parody or comedy.

CaptainHowdy 12-27-2014 10:03 AM

Yes, of course ... go for it.

blackmonsters 12-27-2014 10:04 AM

Quote:

Originally Posted by chloelewis (Post 20339356)
Shouldn't you be asking her?

No, because he'd be told to fuck off by her.

:1orglaugh

Katemeetsfate 12-27-2014 10:22 AM

at the end of the day, i will be bringing her money, promoting HER pics, HER videos then takes to HER website. its the whole point isnt it.

chloelewis 12-27-2014 10:27 AM

Quote:

Originally Posted by Katemeetsfate (Post 20339384)
at the end of the day, i will be bringing her money, promoting HER pics, HER videos then takes to HER website. its the whole point isnt it.

For you maybe. Maybe she cares about her image, her brand and how she is being marketed and will not like you pretending you are her.

TheSquealer 12-27-2014 10:53 AM

there are both state and federal laws that cover this. The short answer is that you can't fraudulently misrepresent yourself as being someone you are not (real person or fictional), where the entire purpose of that misrepresentation is to exploit it for financial gain by duping others.

Create 10 Brad Pitt social media profiles and link to his latest movie and then convince 1000s you are Brad Pitt and see how long you last. When you finally get sued, just say "oh, but i linked to his latest film... "

TeenCat 12-27-2014 10:54 AM

is it wrong to impregnate a model?

Bladewire 12-27-2014 10:58 AM

Quote:

Originally Posted by Katemeetsfate (Post 20339255)
Is it ok or wrong to impersonate a model on social, but have affiliated links to her official site?

It's not OK unless the studio she works for gave you permission.

The good news is you went with your gut and asked for input here. The answers may not be what you want to hear but the answers here have saved you from putting in effort to start a social media profile that would later be banned and impersonating a sponsors model, which they would later find out, and being banned by them and having your commission held or completely taken.

Keep going with your gut and keep asking questions, that's how you win long term :thumbsup

pornguy 12-27-2014 11:19 AM

We dont allow it.

Katemeetsfate 12-27-2014 11:19 AM

I'm not actually going to set up a profile and say this is me, the real me. For one I was thinking using a girl's name, random one, not hers. and then post her material for promotions, neither deny nor admit that is me. isn't that the same as a website really?

I want to interact with potential customers, affiliate marketing can be to spammy with all the links and banners. I wanted to give people a human touch makes it feel real.

ITraffic 12-27-2014 11:23 AM

yes there are tons of dudes who pretend to hot chicks on the internet to promote their affiliate stuff.

Bladewire 12-27-2014 11:31 AM

Quote:

Originally Posted by Katemeetsfate (Post 20339434)
I want to interact with potential customers, affiliate marketing can be to spammy with all the links and banners. I wanted to give people a human touch makes it feel real.

If you want to interact with potential customers then do it honestly. Promote yourself as a fan, superfan, porn critic, porn insider, porn reviewer, porn model reviewer, etc.

I know you might have your mind set on impersonating, and there are people here leading you the wrong way, but quality sound advice has been given here, you can follow it :thumbsup

Katemeetsfate 12-27-2014 11:40 AM

Quote:

Originally Posted by Squirtit (Post 20339441)
If you want to interact with potential customers then do it honestly. Promote yourself as a fan, superfan, porn critic, porn insider, porn reviewer, porn model reviewer, etc.

I know you might have your mind set on impersonating, and there are people here leading you the wrong way, but quality sound advice has been given here, you can follow it :thumbsup

Thanks for the advice.

When I post her material on social, if I don't use the word "me", that's ok right? Rather I say "Feeling horny and look at this pussy" something like that, if they assume that is me then it is up to them. You'd have to upload a profile pic anyway especially on twitter, and im not going to upload a pic of my ugly face haha! so it has to be one real porn star woman of some sort. maybe all this is a very fine line.

TheSquealer 12-27-2014 11:46 AM

Quote:

Originally Posted by Katemeetsfate (Post 20339454)
Thanks for the advice.

When I post her material on social, if I don't use the word "me", that's ok right? Rather I say "Feeling horny and look at this pussy" something like that, if they assume that is me then it is up to them.

Their assumptions are based on your representations. What are you? 6 years old?

baddog 12-27-2014 11:47 AM

Quote:

Originally Posted by Katemeetsfate (Post 20339266)
Even though I am an affiliate for their site? therefore have the rights to use their images/videos to promote their site?

Why don't you ask them since you don't like the answer you got here?

baddog 12-27-2014 11:50 AM

Quote:

Originally Posted by Katemeetsfate (Post 20339384)
at the end of the day, i will be bringing her money, promoting HER pics, HER videos then takes to HER website. its the whole point isnt it.

Holy crap; pretty sure the fries are ready.

DBS.US 12-27-2014 11:52 AM

Quote:

Originally Posted by Katemeetsfate (Post 20339255)
Is it ok or wrong to impersonate a model on social, but have affiliated links to her official site?

Yes it's wrong:2 cents:

Don't spent your time thinking about one model. If you want to make real money, You should be thinking bigger.:2 cents:


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