It's pretty simple, ask your provider and work your deals, I have and I have no issues, I have deals with all the guys that I use.

In-fact I am the only one who has asked this question to the content guys I use, they are surprised that I even asked them in the first place.

I have one content guy who said no way no how to doing this, his links were pulled down and that is that.

Now what sucks is that everyone else is still using his content for hosted pages and I have to compete against them, so for being the honest guy I get the short end of the stick.

So for the content guys who don't like the hosted pages I have to buy TGP spots for it instead, the end result is the same.
:thumbsup

I also use exclusive content like this along with the normal stuff.

http://www.thebaddest.com/sky_fu.jpg

And the other thing is most people just steal the content and submit it anyway?

Regards,

Kevin

Acording to that, your affiliates now need licenses to link to your tour, unless your tour has no pics on it.

That brings it to a new level. :)
If I buy a set of pictures for the sole purpose of promoting a site.. should the site I will be promoting have a licence to MY pictures I use? By your logic, yes. They'll be making profit from pictures I have licensed.

um last I checked, most paysite tours don't really consist of links to dozens of free uncensored images.

Any smart webmaster knows that too many free pics on a tour isn't the best thing to do.

You folks like to twist words :) If YOU submit the gallery, YOU are still taking responsibility for what it is that you're submitting, and YOu can still be legally responsible for what you do with those images, as well as being able to provide proper custodial information.

As for linking to a tour page, if it is a page that you directly control what happens to (as with galleries you can't always control where someone is posting galleries), then you can still be responsible for what happens to it. It's not neccessarily the VIEWS that are the problem, it's the APPLICATION of those views that determine the scope of responsibility.

It isn't a loophole.

A "hosted gallery", is the same thing as a "hosted paysite tour".

Even if its written in the license, i am sure it can be fought in court. You cannot discriminate who can link and who cannot link to your content. Well, i will have to check with my lawyer. A link is a link, that's it.

why would you use content to promote a paysite if you don't even know if they have those images inside?

would that not create chargeback issues?

damn this is getting too complicated now you guys

the affiliate are not "doing" anything to this tgp page. they are only linking to it. it is on my servers and my domain and i have the control over it.

Again it falls in a realm of responsibility. What you do with the images within the scope of the license is fine, as long as you are willing to take responsbility for the use of the images etc etc. You are promoting FOR them, they are not using the images, YOU are, therefore YOU are responsible for them and the license agreement is with YOU.

No.
I can promote a fat-chick paysite with pretty much any fat-chick pics, no? Or.. teensite with any teen pictures? Otherwise I have to join the paysite, see what sets they have and then try to find those for licensing?? You do that?!

ROFL! I like this sarcasm! :1orglaugh :1orglaugh

And essentially shooting yourself in the foot, because this devalues the content far more quickly than joe blow over here and joe blow over there using it here and there.. You are giving it that much more surfer exposure and therefore it has a shorter shelf-life. Not too fair to bite the hand that feeds you either, unless of course you plan on taking your own picutres anytime soon :)

Heres the only thing that really matters in this thread.

<font color="yellow">When content providers get hip to this, and add 'No Hosted galleries' to their license, it will not matter.</font>

Its true, it really is.

Nothing matters except the fact that content providers are against it. Nothing anyone can say to debate it, lawyers or not - doesn't matter. If content providers are against it and add it to their license under the 'DOn't do' column - can't say shit.

And as we see content providers have one by one shown their dislike for 'hosted galleries'

I don't understand this. You keep talking about responsibility.

I build a tour page and put two pics of some chick on it and let you link to my tour page.

I build a gallery wtih 10 pics of the same chicks and let you link to it.

How does responsibility for the use of the images factor into anything?

If you host the tour you are responsible for the images.

If you build a gallery page you are still responsible.

What's the difference?

Please, 80% of the sites only uses feeds and a little bit of paid content. The chances are that the set you bought to promote this paysite will not be in the paysite.

I have no problem with hosted galleries as long as I am properly compensated for the devaluing of the content for the resale to anyone else, OR they buy the set outright, all fine with me.

Having no hosted galleries in the license IS important for content providers who want to ensure this.

Is that against most licences? Nope. I can shootmyself if I feel like it, might not be reasonable.. but I'm allowed to do it.

Guess it's worth reading the license or asking the provider first then :) A lot of people don't. Although you're welcome to shoot yourself in the foot if you like. Can I take pictures and sell them though? :P

Yeah. You can make hosted galleries of it, if you want.

lol no I don't do that...

but if I find a really kickass set of cheerleader pics that I know will convert well, and then make a gallery to promote a lightspeed site, and when the surfer joins and looks for the set of the girl that got their nuts off and does not find them and the video he thinks will go with it... I risk a chargeback.

not always the case, just an example to answer your question... of course there are a ton of other factors involved.

But chargebacks often occur by misrepresentation, and if a surfer joins a site to see something specific and its not there I surely do not want to lose money, nor should the sponsor because I dont know how to promote their site.

thats all. :)

You start using the images contrary to the license agreement and I have your info and I know who to deal with if it's required. When you agree to a license you are essentially entereing a legal contract that says you will use the images responsibly. Sort of like a driver's license. You are saying to everyone else in the world that you are not infringing copyrights as well. And believe me you, you do NOT have to be the owner of a copyright to sue someone for copyright violation. Joe blow on the street can sue you for infringement. The onus is on YOU to prove you have legal rights. It's NOT on him to prove you don't.

As far as I know most content providers have it specifically mentioned in their license agreements that using the content for hosted galleries is not an acceptble useage for their images. Those that don't, well, go nuts? :P

Oh and I should mention, they would be MY picutures, being the photographer. I could use em however I wished :P

i do not shoot myself in the foot! I can use the same image on my paysite tour and have my affiliates to link directly on my tour.

Following this logic of no "hosted gallery" - it will be forbidden to have one of my affiliate to link on my "hosted paysite tour". And this is rediculous. You cannot forbid me in your license that it is forbidden that someone link to my pages. It is not my responsability.

I am NOT doing anything wrong with these pages, if the whitehouse wants to link on my pages, it's up to them. Same for the TGP, the search engines or whatever.

A "hosted gallery" is no different than a "hosted paysite tour". It is a page where i put some pictures with the intend of making a sale. Anyone can link to these pages if they feel to.

If the set get spoiled faster because i got a lot of people who saw the set... then YES! I made my money and my ROI.

Then if the sponsor build a tgp gallery with the content he has in his member section... problem solved! You will promote content that is in the site in question.

next thing youre gonna say is that a content provider cant give you a % number of pics you can use in a free gallery.

yeah they can. they have, and do.

You forget you dont <i>OWN</i> the content, you're simply <i>using</i> it.

You cannot do that. It won't stand up in court. Because this is no "TGP Hosted Gallery" this is a page with pictures on it.

You cannot forbid someone or sue someone if a third link to his page from a TGP gallery. It is out of his control. I will fight for this in court anytime :)

Again, you don't <i>own</i> the ? to the images, in court, what you say will matter almost less than what it means here.

Judge: Who has legal ? over these Images

Provider: I do your honor.

case closed.

I am not a content provider but IMO I am thinking that content providers do not like the hosted galleries because it lowers their sales. They would much rather sell the sets to 50 or 100 tgp gallery makers versus 5 or 10 sponsors making hosted galleries.

IMO hosted galleries are making it tougher for the gallery submitters as the tgp's do not need to take as many submissions as they can easily plug in some hosted galleries. I am sure not all gallery submitters will die but the number of them has to be decreasing, thus lowering sales for content providers selling to these webmasters.

Just a thought,
BV

I don't forget anything. They can forbid me to put more than X number of picture on the same page. Of course they can and that will be legitimate.

But they can't forbid me to have a third linking to my pages.

it has been my experience, that in regards to contracts. Anything can be worded, and if inserted into a legal binding contract, again what you say matters not.

the contract is the only definition of what can and cannot be done between two parties and their agreements regarding licensed images.

Debate it all you want. Contracts hold up to the law, not opinions.

Ummm no.

If I have a license and i did not breach any clause of the license i have the right to use those pictures. The judge will listen to the plantiff and decide if the licensee breach any clause on the license.

Read what I type before you reply.

I said if its inserted into the contract, and if 'no hosted galleries' is in the contract.

try again.

I even made it yellow since I predicted you wouldnt notice.

Guess then you should make sure to read the license and make sure whomever you license content from allows you to use the content on hosted galleries.. What more can I say? Apparently I can explain the "logic" until I'm blue in the face but it won't make much difference. People want their buck, they want it fast, and don't care much about anything else. Fine :) Just don't violate my licensing agreements and best of luck to you :)

that is not true. there is a lot of thing you cannot put in a contract.

i.e: (in some cases) you cannot restraint someone from working even if there is a non-competition clause. if someone loses his job and find something else where but it is a competitor of his previous employer... Well, even if that person signed a non competition contract - you can't restraint someone from working.

There is a lot of things that has to be respected in a contract. Call the BBB (better business bureau) and you'll see that there is a lot of things that you can't put into a contract.

Amen.

tell ya what

I'm gonna submit all my paysite tours to the hun.

Do you think he will list them? No.

Why not? Because paysite tours are NOT free porn. Galleries are.

too much free porn. old ass seen a dozen times on every tgp free porn.

Yes, but remember, the people who buy licenses do NOT OWN the images.

Think of it like this.

If you lease a car, you do not OWN that car, the COMPANY owns the car. YOu are simply purchasing rights to use that car for a certain period of time. If you ABUSE that car while you have it, you end up paying for the abuse. Not really much of a difference when licensing content, when all is said and done.

No hard feelings here. I don't even have hosted galleries with content that is not exclusive to me. I totaly understands your oppinion here, and i do understand your concerns.

I just don't think this thing can be resolved that way.

Yes but your license doesn't restraint me on "per view" basis. If you want to include that in your license it would be all ligitimate, but hard to evaluate.