Wenchy's World

Getting The Big Picture

By

Wenchy

Adult Copy

Content.... it's the lifeblood of our industry, something we all need to survive. But every day I see webmasters who still believe in this imaginary thing called "public domain", and every day I see board posts stating that so-and-so is going after some bonehead who was using their content illegally. So, in an effort to clear up the apparent lingering confusion, I have a few words regarding our bread and butter.

First off, let me state loudly, clearly, and unequivocally that there is no such thing as public domain content! Did you all get that? NO SUCH THING AS PUBLIC DOMAIN CONTENT! Get the picture?

If you don't own the license for pictures or videos, don't use them! It's really that simple. I don't care that you found them in a newsgroup somewhere and that the *supposed* owner gave permission for their use... that doesn't cut it. Unless he has a license, he shouldn't be publishing them either! And don't be fooled into thinking that blaming the guy who gave them to you will absolve you of responsibility. If the law comes down on you, it's YOU who are expected to provide proof of a legal license allowing publication of the content. They don't care about Joe Blow at that point, they only care about you and what appears on your website.

As adult webmasters we all walk a very fine line with the government of the US and other countries as it is. It just doesn't make sense to use content on your sites that is illegal or unlicensed. Even if you and your girlfriend have gotten together and decided to build a website using photos that you have taken, you'd better have a model release and a license or agreement stating that she, as the model, gives you, as the webmaster, permission to publish her photos. For the sake of safety, you might want to even consider having that agreement notarized. Better safe than sorry I always say.

There is absolutely no excuse for any webmaster not to have licensed content. There are literally dozens of places to buy inexpensive content... Zip Content and Rock Bottom Content come to mind almost immediately, among many others. Keep in mind that "inexpensive" doesn't necessarily mean "low-quality"! That's rarely the case! Sure, there are providers out there that charge a buck or more per pic, but those are more geared toward paysite owners than the average, run-of-the-mill free site, TGP, or AVS webmaster. Hey, if you can afford it go for it... more power to you! All I'm saying is that there ARE options for those on a tighter budget.

A word to the wise... there ARE ways of using licensed content illegally! Be sure you read your licenses BEFORE you sign them and always make certain you use the content well within the boundaries of the guidelines. A content provider can file a copyright infringement suit against you if you violate the terms of the license... in fact, I know of a couple who have! Cover your butt! Make sure you aren't doing anything with that content that might get you into hot water with the provider!

Always, always, ALWAYS keep copies of your licenses in a convenient location so that you can find them on a moment's notice if need be. A good rule of thumb, too, is to always have the 18 U.S.C. 2257 Statement at the bottom of all your web pages. The Statement should read something like this:

The records required by 18 U.S.C. 2257 and associated regulations with respect to the photographs included herein are kept by the custodian of records listed below. Publisher hereby certifies to all commercial purchasers that the aforesaid materials are in full compliance with the requirements of 18 U.S.C. 2257 and associated regulations. All persons depicted herein were at least 18 years of age at the time of the photography.

You would then list the producers of the content (either the photographers, publishers, or the people you sent your license to... if unsure, ASK!) including company name, address, and phone number.

Including this statement on your pages will help to keep the red flags from being raised should someone "official" come across your website. At the very least, make certain that this statement resides on your warning page so that all your proverbial bases are covered long before the content ever becomes a visible issue. Always remember that the best defense is a good offense and act accordingly.

Webmaster resource sites are an excellent way to track down content providers. You might also consider asking your fellow webmasters who they use... there's nothing like a personal recommendation to make you feel secure about your purchase! You might have to experience a little trial and error before you hit upon a "favorite" content provider that falls within your price range, but I guarantee you'll eventually find one... and you'll use them forever, though not necessarily exclusively.

The whole content issue is really one of common sense and a few basic rules of ethics. Keep things fair and play by the rules and we'll all benefit in the long run.

Wenchy