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Mutt 12-03-2002 08:23 AM

Hosted Galleries with Licensed Content
 
This is the big fad right now it seems, hosted photo and moviegalleries.

If you're a content provider what is your position on them? If I'm running a webmaster affiliate program, looking at most of the web licenses from content providers, I can run hosted galleries using content I license without breaking the terms of the license.

I know there are content providers who say no to this usage but when you think about it - is there any difference between using the content to build TGP galleries to submit to TGP's and using the content to bring in traffic from affiliates sending traffic to galleries with the licensed content?

Looking for viewpoints of content providers.

.:Frog:. 12-03-2002 08:33 AM

It doesn't matter what a few content providers think.
There will always be some content provides who are fine with sponsors making hosted galleries.

If content providerA has a problem, then buy from providerB.
At the end of the day its providerB who is making the sales.
There is fuck all they can do to stop sponsors buying content for hosted galleries.

Loch 12-03-2002 08:47 AM

Not that big a difference no Mutt, that is one of the reasons we dont allow our clients to give the content to affiliates.

And for tgp we only allow the usage of 20 images from each set "used at once".

If you were to allow both of the above your content would be worthless in a few months or even weeks!

Mutt 12-03-2002 08:49 AM

um.........you're wrong there Frog. All it would take is one small paragraphy in the license that says 'content may not be used for 'hosted galleries' in conjunction with an affiliate program without an additional license'.

There are content providers who don't allow content to be used for any TGP. Not sure if anybody still has a license like that, times change.

There was a content provider whose license only allowed usage in members areas.

So as a content provider you can call the shots for use of your content any way you see fit - of course it can have a dramatic effect on your ability to make sales.

Mutt 12-03-2002 08:56 AM

i think you're right Loch but I am afraid for content providers they will lose this battle. Content biz is so competitive that most content providers struggling to make sales will not care how the content is used as long as he got a sale.

I have an interest in this, one of the reasons a webmaster will buy exclusive content is that he/she has the right to give the content to affiliates to promote their sites - can't do that with licensed content. But the 'hosted galleries' thing seems to be an end around that. And like i said, in most licenses i've seen, there is really nothing that prohibits that use.

If an affiliate program can just buy licensed sets and run hosted galleries, there's no reason to buy exclusive sets if that was the original main purpose why he wanted the exclusive sets.

heymatty 12-03-2002 09:01 AM

I have talked to a number of content providers about it, and to be honest it most licenses allow it. But if you speak to the guy himself, he generally feels it is outside the spirit of the agreement.

It is pretty hard because if i submit a gallery to a tgp like this

galleries.wootwootcash.com/nn/college_town_cuties/amanda1/index.php

It will be well within the spirit of most licenses.

However if I allow a tgp owner to link to

galleries.wootwootcash.com/nn/college_town_cuties/amanda1/index.php?ccbill=affiliateid

People consider it to be outside the license.

At the end of the day it is exactly the same pictures, same index file, same tgp site. Second url just passes a variable that gets the tgp owner credit.

.:Frog:. 12-03-2002 09:03 AM

Quote:

Originally posted by Mutt
um.........you're wrong there Frog. All it would take is one small paragraphy in the license that says 'content may not be used for 'hosted galleries' in conjunction with an affiliate program without an additional license'.

You missed my point. I know a content providers can add that little paragraph, The sponsor would just go elsewhere. There will always be some places selling content without a million strings attached to the deal.

Mutt 12-03-2002 09:12 AM

yup Matty, i agree with you. There is virtually no difference between the two uses you describe. Same result.

But I do see how content providers would feel it is beyond the scope of the license to use the content that way. But as Frog says if they explicitly put in their licenses 'NO HOSTED GALLERY USE', they will lose sales. So most will give tacit agreement.

Buyers though should be aware when they buy sets though if a particular content provider is allowing this usage because there's not much point in licensing a set, as good as it might be, for a members area gallery when 20 large affiliate programs have licensed the same set for hosted galleries usage.

hyper 12-03-2002 10:11 AM

most wont let you use them..

there is no difference in having 1,000 webmasters use 1 gallery
or 1 webmaster buying the content and submitting the gallery 1,000 times.

these content providers dont fucking understand it..
THERE IS NO DIFFERENCE

outtie

.:Frog:. 12-03-2002 10:18 AM

Quote:

Originally posted by hyper
most wont let you use them..

there is no difference in having 1,000 webmasters use 1 gallery
or 1 webmaster buying the content and submitting the gallery 1,000 times.

these content providers dont fucking understand it..
THERE IS NO DIFFERENCE

outtie

Thats true.
Some content providers are so fucking anal its unreal.

Cyber3 12-03-2002 10:55 AM

The problem as I see it is do it our get left behind, everyone is doing this, I wont if the guy next to me doesn't, but how do you stop that? It would be unfair for me to buy content and not be able to do this when everyone else is?

I have no problem buying exclusive content, I spend 2 grand a month for this, but if everyone is doing this then I have to in order to compete.

Just my quick thoughts on this.

TDF 12-03-2002 11:00 AM

the loophole in most content providers contracts state that the licensed content can only be licensed to one domain...and most times that domain happens to be the affiliates webmaster site..

Mutt 12-03-2002 11:03 AM

it's up to the content providers. i'd do same as you because it's totally unclear in 98% of the licenses i've looked at. Definite loophole. I suspect most content providers spend about 0.01% of their time policing what happens to their content.

it hurts me as a company selling exclusive shoots :(

i do think that content companies who are ok with it should really be upfront and tell people though, you get some big affiliate programs using sets/movies for hosted galleries and it will be a 'played out' set.

FATPad 12-03-2002 11:04 AM

The content providers who are telling people how they are allowed to use their content better have some top notch shit.

I don't care how spectacular a car is...if I go to buy it and the salesman says, "Oh yea, you can only drive this car between the hours of 11a and 6p, and only drive 5 highway miles a day" I'm not buying it.

PaulSweet 12-03-2002 11:55 AM

Hosted Galleries are fine as long as the stay within the scope of the license. For us the license specifies how many and which URLs you post the content on.


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