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BONDAGE UNIVERSITY |
TIPS FOR PRESENT & FUTURE BONDAGE WEBMASTERS I used to spend about a half a day a week answering webmaster email questions -- mostly about copyright laws. So I've posted the info here on-site, for the convenience of all webmasters.
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If your site will present explicit adult
material, and you or your site will reside within the United States,
you'll need to store model releases and identification files for every person
appearing on your site, according to U.S.
Federal Law 18 USC 2257. If you plan to display any images for which
you don't have documentation, get copies of the I.D.'s and model-releases from
the person who made the images. (This includes any images you get off the
Usenet.)
Stop in at the Spiffy Webmasters Resources Page and look at the special list of places where you can get your own free website. Your provider (the company that is hosting your email address) probably has a free website deal for you too. Consult their homepage for info. Check out the quick-and-easy guide to Fair Use, then come on back here. Done reading? (Welcome back.) Note that under section 4, if you post a pic that the pic-owner has in their paysite, or plans to have in their paysite, then you're depleting the potential income of that image. That's why you always have to ask pic-owners before you do anything with their pics.
Now for some questions from various webmakers:
Q. "My site is free, I'm not making any money. Should I bother to answer if a photographer says I'm posting his stuff?" Ask the photographer or company if they have an arrangement or agreement where you could keep the images up; most companies do. Otherwise they might require that you delete the images, which is their right.
Q. "It's legal for me to use public-domain pics off the Usenet, right?" A. Most Usenet postings are not actually public domain. As a publisher, you need to follow copyright laws, so be sure to read the accompanying text (post) for each jpg. It may say that the jpg is a sample from a specific site ("click here to see more"). In that case, the picture is not public domain. It's advertising -- so when you re-post it, you need to include the text that goes with it. Other jpgs are posted with no message at all, or an anonymous statement that "this is public domain." As a publisher, you have to support your decision to publish. If the poster really did take this incredible photo himself and he's now giving away its rights -- why would he? If he didn't take the photo, where would he have found a copyright-free bondage photo? Email the poster and ask. (Also, if your site is U.S. adult-content, ask him for copies of the model's I.D. and model release, since legally you'll need to keep those on file.)
Q. "My site isn't just a jack-off site; it reports on movie bondage scenes. So can I use copyrighted images?" Yes, if your site qualifies for Fair Use. Fair Use concerns informational or reporting-basis publications, such as articles about bondage history, reports about cultural bondage such as evaluations of TV scenes, or documenting the development of bondage styles. You just need to state the source along with your article. Presentation is similar to magazine articles, in that the photo credit is just beneath, or very near, the reproduced photo. The only thing different with the 'net version is that the photo credit should be a live link to the copyright holder. This applies to sites with general content, but doesn't include U.S. sites with explicit adult content, which need to contact the image-owner for the model's I.D. and model-release.
* BEST QUESTION * Q. "I just want to make a free website and contribute my efforts to the bondage community! How can I do that if photographers won't let me use their stuff?" A. The more bondage sites, the better! When you plan your bondage site, ponder this: There should be a unique reason for your site. If it has the same content as several other sites, then who's going to care about your page? (It will be too obvious that you only made a site just for ego reasons.) "Write what you know." Or, in this venue, contribute your unique qualities to the online community. If you're a hogtie aficionado, or a movie-trivia hound, or a duct-tape bondager, then you should view your interest as your specialty. After all, your focus has led you to invest hundreds of hours studying that topic -- you probably know a lot about it that other bondagers don't. You'll have interesting things to say and share about it. If you're a good writer, post your stories. If you're highly social, host a chatroom. (You can get them free!) If you like dialoguing about issues and backgrounds, start a public Guestbook (they're free too!) If you want visuals for your pages, don't underestimate the power of an appealing, original, community-oriented site. You can ask bondagers, surfers, or various companies to contribute an original photo for logos, buttons, and a themed page or two.
Q. "Photographers should be glad I put their stuff on my site, because they're getting free advertising." A. Most free-site webmasters feel that they're providing positive advertising for companies. It's a nice thought. Done right, maybe it would work -- but it hasn't. Many companies on the web have suffered loss of sales, and loss of interest in their paysites, due to other sites using their work for free.
Q. "I'm not running a real pay site; I'm just using Adult Check to cover my expenses. So can I use other photographers' pics?" Adult Check and other programs pay webmasters several bucks per new surfer. It's a real question-mark if you claim that you're not breaking even! If you receive actual money from your site, you need to get documentation of copyright and permission of use before you begin receiving income from any image (even if your publication has registered as a non-profit entity). If you run a money-making site, consider either purchasing publishable content, or creating it yourself.
Thanks for reading all the
mumbo-jumbo.
--Lorelei |
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LINKS ABOUT FAIR USE & COPYRIGHT |
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