Announcement

Collapse
No announcement yet.

Copyright Law

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Copyright Law

    Haya!

    Could anyone enlighten me on how the copyright laws work, please?

    I've heard things like 'You can post pictures that have been made public by the owners and then you won't get in trouble', 'You can post pictures that you do not own as long as you don't make money out of it', 'You can post anything as long as you give credit', is any of this right?

    Cause I'm posting a lot of movie posters, stills, etc, and I know most fansite owners upload images that they find online, very few of us actually buy them, for instance, I have never bought any media myself. You can call me paranoid, but I worry about getting in trouble for posting content that I don't own.

    Has anyone ever genuinely looked into this?

    I would be very grateful if you guys could share with me your thoughts and experiences


  • #2
    Hi,

    if I were you, I wouldn't worry too much about movie posters and stills. Tumblr, for example, is FULL of them and also well known for this kind of content, but I have never heard that someone got into trouble for posting posters/stills. After all you help the production companies to advertise their films/shows by spreading their promotional material. So my guess is that posters etc. are not that much of an issue... but maybe the situation is a little different when it comes to fansites, I don't know (?)

    I think photoshoots/portraits are more ~problematic. I used to have a fan blog for a model and once a photographer (politely) asked me to remove some of their work by sending me a message.

    Anyway... I would also like to know what the legal situation looks like and what kind of experiences people have had with their fansites. (I'm still building my first one and it would be great to know what I'll have to watch out for.)
    ~ Gaspard Ulliel Daily ~

    Comment


    • #3
      Even IF you buy images we don't hold the legal rights to them.

      I know a few people that have issues with on set pics for tv shows.
      Last edited by Vicki; 02-13-2017, 01:28 PM.
      Aidan Turner - Chris Wood
      Domains for sale - http://aidan-turner.org/domains.txt - 10 May 2017 =]

      Comment


      • #4
        Thanks for replying!

        If anyone else has anything to add, please do! (I would appreciate it sooo much if Josh said something, as I'm sure he must know what content is OK to post)

        Comment


        • #5
          Fansites are breaking copyright with every pic you add (unless you were there with your own camera), with every article you copy, with every movie plot. You have no right at all to take these pics. It is stealing.

          Depending on where you live this is more or less a problem. If you're German, you even have to add your full name, address and phone number to your website. This is the reason why I closed my 1000 members forum about Johnny Depp. If someone had posted an image (which was the case every day!) and the agencies had found them, it would have been MY fault, and there is no whois protection for German domains, so they would have asked me to pay the bill (I heard, Getty requests 1000$ per image). I did not want to bring my family into this dangerous situation.

          For International domains, there is a whois protection. This makes it a bit more difficult for agencies to find you.
          This can still be more or less a problem, because with serious Copyright complains, it is certainly not that difficult for anyone to contact your domain provider and ask them for your contact details.

          So you can be happy, there are hosts like freefansitehosting.com with insane (yes you are, Josh! and we have to thank you for that!) guys like ido who put their head in the line and you can hide behind their DMCA protection.
          If you do not own the domain or the hosting, you're probably safe, because you own nothing of it.

          Unfortunately, Copyright issues already brought one of such wonderful lovely hosts to fall.

          Comment


          • VictoriaT
            VictoriaT commented
            Editing a comment
            So even if you give CREDIT it is still considered stealing?
            Also, how exactly does DMCA protection work? (excuse me for being so embarrassingly uneducated when it comes to this topic..)
            PLUS, if the copyright laws are so strict, why do so many websites get away with posting copyright material? For instance, here's my favorite movie posters website - www.impawards.com - I'm pretty sure they don't own any of the posters they upload, but no one's accusing them of stealing (as far as I know).
            And lastly, were you talking about fan-sites.org when you said that copyright issues brought one host to fall?

            Thanks for sharing this info by the way!

          • inspirationally
            inspirationally commented
            Editing a comment
            Well, if you take all the apples from your neighbour's tree and donate them to the people of the street with the words "from my neighbour's tree" or "thanks to neighbour for the apples", it is still stealing, isn't it? Some fansites don't even put the name of phtographers into their galleries, because this way they find them.

            I also don't understand much about the DMCA magic, my English and legal knowledge is limited. As far as I understood it is more a security for the hosts than for the hostees, but if the hosts are safe and can say "we're DMCA protected" instead of saying "before I have to pay I'll give you the hostee's name and address", it is also your advantage. Instead of immediate legal actions, photo agencies and other images/content owners first have to contact the host (the person in the DMCA) that content belongs legally to them and give the host time to remove it instead of taking legal actions right away. Maybe Josh can tell us more about it.
            Though, if they can get their money directly from you, because your domain does not have a whois protection, they certainly will...

            Many fansites probably get away because of the DMCAs (imagine how much work it is to find all your pics in a single gallery and claim ownership on every single pic!) or because the site owner is not easy to find. Most of us always got away from it, but I read in the FSO forums once, that some hostees got contacted by agencies already and were very shocked afterwards. Most times it was enough to simply remove the pics and be silent.

            Posters: I always got sent posters and even movie stills from the movie companies for my sites, so I don't think, movie posters are a problem at all. It is more advertising for them, isn't it? Just, legally.....if you print them on a shirt and make money with it they would not be happy about that I think.

            FSO: they called it a "legal issue". Fanfusion also closed from one day to the other.

        • #6
          Originally posted by inspirationally View Post
          Depending on where you live this is more or less a problem. If you're German, you even have to add your full name, address and phone number to your website. This is the reason why I closed my 1000 members forum about Johnny Depp. If someone had posted an image (which was the case every day!) and the agencies had found them, it would have been MY fault, and there is no whois protection for German domains, so they would have asked me to pay the bill (I heard, Getty requests 1000$ per image). I did not want to bring my family into this dangerous situation.
          Wait, just to be sure: if you are a FFH hostee, your own nationality doesn't matter right away because they'll address FFH as the host first, right? (I am German too, so this is really worrying me now. I didn't know the situation was so bad.) Thanks for all the info anyway!

          Another thing: so far I always included the photographer's names in my gallery (only in the photoshoot category) - simply out of respect and because I was assuming this way it's less likely they will ask you to remove their content. But your point (that the name is how they find you) makes a lot of sense, so would you all recommend not to give credit to the photographers? I have seen many fansites doing it and then there are of course also tons that don't...
          ~ Gaspard Ulliel Daily ~

          Comment


          • #7
            Originally posted by GaspardUllielDaily View Post

            Wait, just to be sure: if you are a FFH hostee, your own nationality doesn't matter right away because they'll address FFH as the host first, right? (I am German too, so this is really worrying me now. I didn't know the situation was so bad.) Thanks for all the info anyway!
            Depends - if you are the domain owner they might get to you, too. You're the weaker part of the chain then.
            The situation is not "so bad".
            I had my German domain with my name in the whois and several copyright issues in the forum and nothing happened.
            I had JDorg for 12 years, hosted privately and hosted at fan-sites.org and now here, and I never had any issues.
            I guess, in 99% you do not get into problems. I still was worried that it COULD happen and did not want this danger for my family anymore.

            Maybe Josh can tell us how many of those DMCA take down notices he gets?

            (German, cause it's easier and just related to German right)
            mal auf Deutsch, weil leichter - aber ich hab auch nur rumgelesen...alles nur Halbwissen:
            Theoretisch kann dich sogar jemand abmahnen, weil du ja Betreiber der Seite bist und kein Impressum hast, wozu du als Deutsche eigentlich verpflichtet bist. Bei einer englischen Seite mit internationaler Domain wird das aber schlecht jemand rausfinden, und dann müssen die ja auch erst einmal rausfinden, wer du denn bist. Ich glaube kaum, dass diese Abmahnanwälte Fansites durchsuchen, ob dort irgendwo eine Notiz ist, dass die Admin der Seite Deutsche ist. In Deutschland unterliegt alles dem Urheberrecht, international wohl nur, wenn man explizit Copyright mit Namen drunter hat (was auf die Agentur-Bilder natürlich zutrifft).
            Ich würde dir empfehlen, die Domain über Josh laufen zu lassen. Dann bist du so sicher, wie du sein kannst.

            Originally posted by GaspardUllielDaily View Post
            Another thing: so far I always included the photographer's names in my gallery (only in the photoshoot category) - simply out of respect and because I was assuming this way it's less likely they will ask you to remove their content. But your point (that the name is how they find you) makes a lot of sense, so would you all recommend not to give credit to the photographers? I have seen many fansites doing it and then there are of course also tons that don't...
            I always included the phtographer's names, too.
            I had Matt Sales looking around at our galleries and he even THANKED us for crediting him.
            BUT: I always hid my galleries from search engines in the robots.txt. SO they won't appear at google.

            Comment


            • GaspardUllielDaily
              GaspardUllielDaily commented
              Editing a comment
              Super, jetzt bin ich immerhin etwas beruhigter. Falls ich mir ne Domain besorgen sollte, dann ohnehin über FFH. Vielen Dank für die ausführliche Antwort!

          • #8
            I don't know anything about the DMCA side of things and all the technical side etc but just a little advice that could prevent your site being in any danger...

            Candids are a magnet for getting contacted by the original photographers. I personally don't post candid stalking images, 1. because I feel like it's too much of an invasion into the celebrity's personal life and 2. they seem to attract the photographers to you.

            Photoshoots are another massive one. I never use photographers names. I just name the shoots Session 001, Session 002 etc etc...It can be a big help. Not saying it's 100% but it does help. I used to always name the photographer's out of respect for their amazing images but it did backfire on me so I changed it.

            Make sure you clear the exif data from all images before uploading to your site. Each image contains A LOT of information related to the photographer. All their copyright, name, date etc etc Clearing the data will make the images harder to hard. There are lots of exif data removers free online...just try Google.

            I have in the past been contacted by photographers (years ago now). 2 of them asked me to remove the images, if I didn't, they would send me a bill for them. Of course I removed them instantly. The 3rd was actually really nice about it and said I could keep them. He was happy to see people enjoy his images (wish they were all like him).

            As Martina said above, Josh would be able to provide more info on DMCA etc...
            The journey of a thousand miles, begins with a single step.
            Gratrix Designs | Jay Ryan | Liam Hemsworth | Nathaniel Buzolic | Nico Tortorella | Ryan Phillippe | Tyler Blackburn

            Comment


            • GaspardUllielDaily
              GaspardUllielDaily commented
              Editing a comment
              Thanks for the answer! I haven't removed the data from images so far (oops), but I will look into that now and do that in the future.

            • GemKni
              GemKni commented
              Editing a comment
              Also, make sure you have a disclaimer on your site. Feel free to check out the disclaimers on my fansites to see what I write.

            • GaspardUllielDaily
              GaspardUllielDaily commented
              Editing a comment
              Thanks, I already had a disclaimer, but I will make sure to refer to §107 after I discovered it thanks to yours.

          • #9
            Sorry to bother you guys again, but I tried to find the robots.txt file that was mentioned by inspirationally and I couldn't.

            Is it possible that it's not there yet? And if you have to create it on your own, what would you have to put into it (I found varying examples online) and where would you need to save it?

            At first I meant to ask this via pm, but I thought it might be helpful for other people here as well who are new to taking care of a website.
            ~ Gaspard Ulliel Daily ~

            Comment


            • #10
              You have to create it in the main directory. There, put all folders that you do not want to be searchable by search engines. Most (but not all) robots do not get any further.


              Just call it robots.txt and put something like this inside (edit the folders to your galleries folders). The ia_archiver is web.archive.org. Sometimes pics are also found through them. This does not allow them to save your site for history view.



              User-agent: *
              Disallow: /cgi-bin/
              Disallow: /tmp/
              Disallow: /images/
              Disallow: /galleries/
              Disallow: /goodies/
              Disallow: /wordpress/
              Disallow: /media/
              Disallow: /admin/
              Disallow: /wp-admin/
              Disallow: /wp/
              Disallow: /backup/
              Disallow: /category/articles/
              User-agent: ia_archiver
              Disallow: /


              Also, in your .htaccess file, put this:

              # ban Pixray
              RewriteEngine on
              RewriteCond %{REMOTE_ADDR} ^46\.4\.19\.85 [OR]
              RewriteCond %{REMOTE_ADDR} ^176\.9\.19\.103 [OR]
              RewriteCond %{REMOTE_ADDR} ^176\.9\.0\.12 [OR]
              RewriteCond %{REMOTE_ADDR} ^176\.9\.0\.13 [OR]
              RewriteCond %{REMOTE_ADDR} ^176\.9\.19\.103 [OR]
              RewriteCond %{REMOTE_ADDR} ^176\.9\.31\.201 [OR]
              RewriteCond %{REMOTE_ADDR} ^176\.9\.31\.202 [OR]
              RewriteCond %{REMOTE_ADDR} ^176\.9\.31\.203 [OR]
              RewriteCond %{REMOTE_ADDR} ^176\.9\.7\.28 [OR]
              RewriteCond %{REMOTE_ADDR} ^188\.40\.65\.130 [OR]
              RewriteCond %{REMOTE_ADDR} ^188\.40\.66\.214 [OR]
              RewriteCond %{REMOTE_ADDR} ^188\.40\.85\.200 [OR]
              RewriteCond %{REMOTE_ADDR} ^46\.4\.116\.100 [OR]
              RewriteCond %{REMOTE_ADDR} ^46\.4\.119\.231 [OR]
              RewriteCond %{REMOTE_ADDR} ^46\.4\.121\.154 [OR]
              RewriteCond %{REMOTE_ADDR} ^46\.4\.19\.85 [OR]
              RewriteCond %{REMOTE_ADDR} ^78\.46\.90\.27 [OR]
              RewriteCond %{REMOTE_ADDR} ^88\.198\.64\.3 [OR]
              RewriteCond %{REMOTE_ADDR} ^88\.198\.65\.99 [OR]
              RewriteCond %{REMOTE_ADDR} ^88\.198\.67\.197 [OR]
              RewriteCond %{REMOTE_ADDR} ^176\.9\.26\.236 [OR]
              RewriteCond %{REMOTE_ADDR} ^176\.9\.26\.238 [OR]
              RewriteCond %{REMOTE_ADDR} ^176\.9\.31\.203 [OR]
              RewriteCond %{HTTP_USER_AGENT} .*[Pp]ixray.* [OR]
              RewriteCond %{HTTP_USER_AGENT} ^.*Pixray-Seeker.*$
              RewriteCond %{HTTP_USER_AGENT} .*[Pp]ixray.*
              RewriteCond %{REQUEST_FILENAME} !^.*robots.txt$
              RewriteRule ^.* http://pixray.com/crawl-yourself.html [R=301,L]


              This bans Pixray, an image crawler made for finding copyrighted images on your site.
              Last edited by inspirationally; 03-04-2017, 08:32 AM.

              Comment


            • #11
              Also, if you insist on naming photographers, you can always do it in the post where you post the thumbnails.
              MODERATOR
              s. carpenterl. michele (cs) ♦ l. meester (cs) ♦ collective
              "The best revenge is bettering yourself."

              - Zacky Vengeance

              Comment

              Working...
              X