Ohoh, I stole images and now sue

[manofman]

Hi,

I used some pics from a paysite or so.(didn't know that, I stole them from a freesite)
There is no URL or c on the pics. The guy says he's gonna sue me. He is from US, I'm from Holland. What can he sue me?

Man

[WiredGuy]

Well, let's face it. You stole unlicensed pics, quite honestly you deserve to be sued. The paysite this is from is losing potential profit because of it. If I were you, comply to whatever they want because your at a disadvange, especially for admitting it here.

WG

[matte]

I suggest you read the DMCA (Digital millenium copright act)
Search on yahoo for it.
Yes you can be sued outside the US, the copyright laws are international.

[manofman]

what can it cost me? were 20 pics in a gallerie,

[Milan]

Come to Serbia and he cant do you anything!!!!

[WiredGuy]

First of all, steeling is never good. You'll land yourself into the cheaters hall of fame since your ripping off people who pay for content (myself being one of them). Second, quantity of pics is irrelevant. Whether you use 1, 2, 200, 2000, it doesn't matter. You violated the copyright act and as such they can come right after you. As I said before, I'd comply to whatever the guy wants.

WG

[manofman]

I know it is bad.... But does anyone have an idea what it will cost me?

[QuaShe]

Normally you first get a warning to remove the pics from your site before they sue you. Or am I wrong?

Quashe

[WiredGuy]

This is the usual process that is conducted:
1) Client asks you to remove
2) Lawyers representing clients ask you to remove
3) If they are serious, a motion to engage into a court action is filed
4) You get yourself a lawyer and wish you can settle ASAP
5) You go to trial and see who wins

Most serious companies will go straight to step 2. Most stop on step 2 as well since your not wise to defend yourself in a sure winner for the complaining party.

As for costs, basically if it goes to court, you typically pay half of court fees plus your attorney fees. If you lose, you usually pay all fees.

Also, you mentioned that you in Holland. Don't assume your safe from the law. All the american company has to do is hire a lawyer in Holland and they'll go right after you. US and Holland has good relations, so don't assume you can get away with it.

WG

[matte]

Yeah, you are right i think it even says so in the DMCA that you should notify the infringer first and ask them to remove the material.

[WiredGuy]

DMCA is only applicable in US law. It's international copyright law that you need to be worried about here.

WG

[sexxx]

Just have one advice to you: delete the stolen pics. Most companys are not going any further if you delete it asap.


I know it is bad.... But does anyone have an idea what it will cost me?

[/QUOTE]

[shane94]

I would take them down and offer to advertise for him for a week or so. that is what i usually do i f someone steals my shit http://bbs.adultwebmasterinfo.com/ubb/biggrin.gif

Shane

[QuaShe]

And what about copying a gallerylists from another tgp? Cause I am setting up a new one and don't have anything to fill it yet. Maybe there is some sollution for it.

Quashe

[manofman]

Thanks,

I hope they don't sue me when I removed the pics...

[matte]

QuaShe Before you take any galleries please ask the owner of the tgp first. Often they have no problems with it.

[manofman]

Well nothing heard yet. I removed it, so I think it's okay

[Cyber-Fantasy]

hope you learned a lesson

now go buy some licesensed pics
like the rest of us

[QuaShe]

<font face="Verdana, Arial" size="2">Originally posted by Cyber-Fantasy:
hope you learned a lesson now go buy some licesensed pics like the rest of us</font>

http://bbs.adultwebmasterinfo.com/ubb/biggrin.gif

[justsexxx]

Hi,

I'm intrested in Licenced content as well. I like content for Mature hardcore/shemale hardcore and feet fetish.

You know a place where it is cheap. Don't have to be the highest quality.

Andre

[mistuhhh]

Dont sweat it manoman, if your not a big namer they will talk big but it wouldnt be worth their time and money. Seen it happen many times. Everynow and then there is this one freak though... http://bbs.adultwebmasterinfo.com/ubb/smile.gif

[WiredGuy]

I wouldn't be so sure about that mistuhhh. If your province/state/whatever allows contingency basis for lawsuits, be cautious. They can introduce tons of charges such as copyright violation, defamation of trademarks, exposing adult images to minors, etc. etc.. They can list of tons of charges and if the law firm agrees to work on a contingency basis, they can rack up penalties into the thousands and eventually hope for a settlement.

WG

[mistuhhh]

Yep you are right, but in his case the "hope" is what kills it. This is figuring that he cleared the illegal content out of course.It's a given he will delete it.

[theo]

steps
1.take them down
2.email them and apologise telling that you won't do it again. (and of course don't do it)

99.99999% they won't sue you, specially for 20pics,although the amount it's not so important factor,most of the content providers have larger similar situations to handle. If the photos belongs to Playboy,Penthouse,Hustler then you might belong to 0.00001%
Lately i had a discusion with a lawyer working on internet copyright issues and verify me that these companies can spend $100000s for losing $10.

[playa]

shit pisses me off when i spend 100's of dollars of content and then someone else's steals for free,,,LOL since when do you have to put the URL on a pic so no one can use them

[*Kimmykim*]

Alot of it will depend on where you are hosted. Under DMCA once the host, biller etc are notified that you are infringing they become part of the infringement if they do not terminate service while you have the images up.

No host is going to be sued over a few pics that you admit to heisting from someone else -- tho thinking that stealing them from a freesite was better than stealing them from a pay site was stupid -- so if your host is notified, they'll probably tell you to take them off or kill your account.

If you're on a freehost, I don't of any, no matter where they are hosted, that won't kill your account if you don't remove them.

[snow]

I admire the guy for being honest... Youll be ok we all fuck up when we start... Just take them down ..

[*Kimmykim*]

Admitting he stole them was fine snow -- I don't know ANY webmaster who hasn't filched a few at some point --

not saying they were already down was where the error came in. And not taking them down already was even worse.

[basschick]

kimmykim, we have never filched one pic, not ever. even starting out, we actually only bought pics specific for webmaster use. we also bought slides from local photographers - which is certainly the expensive way to go about it ;-)

[manofman]

I taked the pictures down, and the comp say it's okay now. DON'T DO IT AGAIN, they said.
Of course not. Now I'm gonna buy pics in the sexshops here. Not expensive, and no problems....

[Trax]

well... i think he didn´t really want to sue you.. he just said that so you take down the pics... i think paying 1000s of bucks for laywer and stuff is not worth 20 pics.. you del them... i think its ok now

---------
trax

[boneprone]

You can expect to be sued 200.00 a pic.

Id say that is the going rate.

[boneprone]

and dont thin that an attorney fee is too much to mess with 200.00 a pic to sue a scumbag.

Most of us pay 2000.00 a year for legal representation for things like this, and it is for items like this we pay the $$ for representation.

Dont think 20 pics isnt worth it, the attorney will pocket much of the $$, but its not about $$ for the people who own the pic, its about getting you.

The $$$ is secondary, and a treat for the attorney to persue you.

[boneprone]

The only reason someone would go out of their way to sue you, is if you were not willing to remove them after the first warning. Everyone tries avoiding legal action, but if you piss someone of enough and resist, they will take joy in sueing you.

[Dan S]

if you go and buy cd`s from the sexshop next corners and use them on the web you run into the same problem.

If you buy a 2k pics cd you have no license to use the pics on your website.

Look, web-legal.com sells the cd for $15 or something and the weblicense for $140.

There must be a reason?

[mistuhhh]

yeah it is crazy,and it's funny cause I dont think alot of places know where the hell they got their pics either. Half of them are so used that no one can tell where the originated.

[e-van]

You need to buy those pics with a web publish license. you can try
http://www.web-legal.com (good stuff if you look well into it)
http://www.lpzip.com (download to your HD and use)
http://www.contentshack.com (cheapest sets I've seen, good for the amateur niches and sub-niches)

[magnatique]

What freesite did you copy?
who told you they would sue you?

[toker]

<font face="Verdana, Arial" size="2">Originally posted by mistuhhh:
Dont sweat it manoman, if your not a big namer they will talk big but it wouldnt be worth their time and money. Seen it happen many times. Everynow and then there is this one freak though... http://bbs.adultwebmasterinfo.com/ubb/smile.gif</font>

Many times huh so i take it you must be one who does this shit often. As for big namers when they end up sezing your assets to cover court costs i dont think size will matter.

[Rockys Porn]

To quote Lee Noga:

"If you have content, you need to comply to the labeling law and it should be a non-obtrusive link buried at the bottom of your index page in tiny font hyperlinked to another page that lists the custodian of records.

Second, any content you purchase on CD must have a text file on that CD stating the custodian of records. Do not BUY any content claiming to be exempt. Then copy these files to your server and link to them...its painless.

Lastly, I urge everyone in the future when accepting these licenses from brokers, to make sure they "warrant" the 18 USC 2257 information in the license. The million dollar word is "Warrant".

Let me make this final point, my roots have been in content, I CO-founded Zmaster in 1995 before selling it Feb 1999. Having published CD-ROM's commercially since 1992, we had to have the 18 USC 2257 on the CD covers when this Fed law became very important, all video companies had to change all their video's and add the leader tape disclosing 18 USC 2257 on the film and packaging. Any broker that sells you content do NOT and I mean do NOT believe you have an upchain for blame if caught. Its -YOU- that will crash and burn under the hand of Federal law, and you will have no money to counter sue the broker."

I remember about 3 or 4 years ago when Lee was taking people to court all the time for using images from ZMaster without a license.

Doesn't matter if you're big or small, some of these guys will take you to the cleaners if you fuck with them.