Surfer Submitted Content - Questions Again - GoFuckYourself.com

Kristian · 09-02-2008, 02:12 PM

This is something I've asked before but never truly received a definitive answer.

I run a few sites where members are screaming out to upload their pics.

What I have in mind is something very similar to amateuralbum.net

Can anyone explain how I can do this without getting into legal trouble?

The only way I can think is to allow uploads of clothed pics that are not sexually suggestive. Not very fun!!

notime · 09-02-2008, 02:16 PM

clothes or not;
wether it's legal or it aint

Actually there is no way to check unless YOU control it and have license agreements, 2257 etc.

Kristian · 09-02-2008, 02:17 PM

I understand as much.

How is it that we have so many sites doing this though?

And if the people are clothed and not sexually suggestive, those do not need 2257 docs, right?

notime · 09-02-2008, 02:22 PM

Quote:

Originally Posted by Kristian

I understand as much.

How is it that we have so many sites doing this though?

And if the people are clothed and not sexually suggestive, those do not need 2257 docs, right?

correct, but let's have a playboy cover model with (c) as an example (fully clothed)
It's the (c) that matters. It's somebody's (c)
Even with amateurs that send in their own stuff; when friends/neigbours/family/collegues start to bug them (or break-up/divorce) , they want it removed and blame you for their own mistake

Jon Clark - BANNED FOR LIFE · 09-02-2008, 02:22 PM

dmca protection...

As long as it is user submitted you do not need 2257 docs..

Talk to your lawyer, it is actually a very simple loophole to stay in..

Kristian · 09-02-2008, 02:25 PM

Quote:

Originally Posted by Jon Clark

dmca protection...

As long as it is user submitted you do not need 2257 docs..

Talk to your lawyer, it is actually a very simple loophole to stay in..

Now this is something I understand.

Trouble is I don't have an internet lawyer.

Recommend one?

Or where I can learn more about it to figure it out myself..?

notime · 09-02-2008, 02:30 PM

Quote:

Originally Posted by Jon Clark

dmca protection...

As long as it is user submitted you do not need 2257 docs..

Talk to your lawyer, it is actually a very simple loophole to stay in..

"loophole"
also true but I don't recommend it
1) it's my business
2) laws change
3) could be expensive in a later stage when a lawsuit with changed laws hit you

aico · 09-02-2008, 02:31 PM

The simplest solution would be to move to Russia.

Kristian · 09-02-2008, 02:32 PM

Quote:

Originally Posted by notime

"loophole"
also true but I don't recommend it
1) it's my business
2) laws change
3) could be expensive in a later stage when a lawsuit with changed laws hit you

But I should be safe as long as the people are clothed and its not implying anything sexual, right?

ie PlentyofFish type images..

Jon Clark - BANNED FOR LIFE · 09-02-2008, 02:32 PM

Quote:

Originally Posted by notime

"loophole"
also true but I don't recommend it
1) it's my business
2) laws change
3) could be expensive in a later stage when a lawsuit with changed laws hit you

You are right about that.. Def things to think about..

Kristian · 09-02-2008, 02:32 PM

Quote:

Originally Posted by aico

The simplest solution would be to move to Russia.

Maybe!

But you and I define simple differently!!!

notime · 09-02-2008, 02:34 PM

Quote:

Originally Posted by aico

The simplest solution would be to move to Russia.

Copyright laws don't exist in Nigeria, Israel & Thailand as far as I know.
Russia just doesn't bother about it as I am aware of the situation.

Jon Clark - BANNED FOR LIFE · 09-02-2008, 02:34 PM

Here is the thing... If McCain is elected, our industry in the US is going to do a 360 anyways... If Obama wins... Then the loophole will remain....

frank7799 · 09-02-2008, 03:00 PM

Providing user uploaded content can be a real problem if you are living in the EU region. First you have to think of copyright. Usually it´s the photographer who is holder of the copyright. You can´t be sure that a user of your site is the photographer and copyright holder. So the user has to warrant that he is holder of the copyright. Even if he does it and he isn´t copyright holder, the real copyright holder can claim an injunctive relief.

Second problem is that all persons appearing in the photo or movie have to agree with a) taking the photograph as such and b) with the publishment of that photo on your site. So you have to make sure the user of your site warrants this as well. If the warranty is false, the persons appearing on the photo can also claim an injunctive relief and maybe indemnity and compensation for personal suffering.

This is for EU regions only and differs from country to country a little bit, but the problem as such is the same. I´m not sure how this is regulated in the US, but there is at least 2257 to observe, so you have to keep valid documents if you won´t bring a US webmaster promoting your site into trouble.

See my girlfriend provides user uploaded content, maybe you can ask them for legal advice.

frank7799 · 09-02-2008, 03:12 PM

You can find the WPO copyright treaty here. The full text as well as a pdf with contracting parties.

Another one is TRIPS.

And for the United States you´ll find some information here.

Kristian · 09-02-2008, 03:28 PM

Quote:

Originally Posted by m4yadult

You can find the WPO copyright treaty here. The full text as well as a pdf with contracting parties.

Another one is TRIPS.

And for the United States you´ll find some information here.

You've been extremely helpful indeed. I think this is the best advice I've had simply because it most certainly pertains to me. Right now I'm in Malta but could be in Cyprus or the UK in 6 months.

I'm going to read your links and then try to find a European internet lawyer (who wont charge the earth).

frank7799 · 09-02-2008, 03:36 PM

Quote:

Originally Posted by Kristian

I'm going to read your links and then try to find a European internet lawyer (who wont charge the earth).

I can´t log in into my ICQ at the moment, but you can drop me an e-mail to info [at] ae-media.com and I can help you out finding a lawyer.

HomerSimpson · 09-02-2008, 03:38 PM

user uploaded content can make you big problems...

Kristian · 09-02-2008, 03:39 PM

Quote:

Originally Posted by m4yadult

I can´t log in into my ICQ at the moment, but you can drop me an e-mail to info [at] ae-media.com and I can help you out finding a lawyer.

That's awesome - thanks very much!

09-02-2008, 02:12 PM	#1
Kristian Confirmed User Industry Role: Join Date: Aug 2003 Posts: 3,733	Surfer Submitted Content - Questions Again This is something I've asked before but never truly received a definitive answer. I run a few sites where members are screaming out to upload their pics. What I have in mind is something very similar to amateuralbum.net Can anyone explain how I can do this without getting into legal trouble? The only way I can think is to allow uploads of clothed pics that are not sexually suggestive. Not very fun!!

09-02-2008, 02:17 PM	#3
Kristian Confirmed User Industry Role: Join Date: Aug 2003 Posts: 3,733	I understand as much. How is it that we have so many sites doing this though? And if the people are clothed and not sexually suggestive, those do not need 2257 docs, right? Last edited by Kristian; 09-02-2008 at 02:18 PM..

09-02-2008, 03:38 PM	#18
HomerSimpson Too lazy to set a custom title Industry Role: Join Date: Sep 2005 Location: Springfield Posts: 13,826	user uploaded content can make you big problems... __________________ Make a bank with Chaturbate - the best selling webcam program Ads that can't be block with AdBlockers !!! /// Best paying popup program (Bitcoin payouts) !!! PHP, MySql, Smarty, CodeIgniter, Laravel, WordPress, NATS... fixing stuff, server migrations & optimizations... My ICQ: 27429884 \| Email:

09-02-2008, 02:16 PM	#2
notime Confirmed User Industry Role: Join Date: Jun 2003 Location: cyberspace Posts: 8,021	clothes or not; wether it's legal or it aint Actually there is no way to check unless YOU control it and have license agreements, 2257 etc.

09-02-2008, 02:22 PM	#5
Jon Clark - BANNED FOR LIFE North Coast Pimp Join Date: Dec 2005 Location: 304-534-757 Posts: 9,395	dmca protection... As long as it is user submitted you do not need 2257 docs.. Talk to your lawyer, it is actually a very simple loophole to stay in..

09-02-2008, 02:31 PM	#8
aico Moo Moo Cow Join Date: Mar 2004 Location: Washington State Posts: 14,748	The simplest solution would be to move to Russia.

09-02-2008, 02:34 PM	#13
Jon Clark - BANNED FOR LIFE North Coast Pimp Join Date: Dec 2005 Location: 304-534-757 Posts: 9,395	Here is the thing... If McCain is elected, our industry in the US is going to do a 360 anyways... If Obama wins... Then the loophole will remain....

09-02-2008, 03:00 PM	#14
frank7799 Confirmed User Industry Role: Join Date: Jul 2003 Location: In the middle of nowhere... Posts: 1,974	Providing user uploaded content can be a real problem if you are living in the EU region. First you have to think of copyright. Usually it´s the photographer who is holder of the copyright. You can´t be sure that a user of your site is the photographer and copyright holder. So the user has to warrant that he is holder of the copyright. Even if he does it and he isn´t copyright holder, the real copyright holder can claim an injunctive relief. Second problem is that all persons appearing in the photo or movie have to agree with a) taking the photograph as such and b) with the publishment of that photo on your site. So you have to make sure the user of your site warrants this as well. If the warranty is false, the persons appearing on the photo can also claim an injunctive relief and maybe indemnity and compensation for personal suffering. This is for EU regions only and differs from country to country a little bit, but the problem as such is the same. I´m not sure how this is regulated in the US, but there is at least 2257 to observe, so you have to keep valid documents if you won´t bring a US webmaster promoting your site into trouble. See my girlfriend provides user uploaded content, maybe you can ask them for legal advice.

09-02-2008, 03:12 PM	#15
frank7799 Confirmed User Industry Role: Join Date: Jul 2003 Location: In the middle of nowhere... Posts: 1,974	You can find the WPO copyright treaty here. The full text as well as a pdf with contracting parties. Another one is TRIPS. And for the United States you´ll find some information here.