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Do not use my pics, blah blah blah - 4/16/2012 5:09:15 PM

JstAnotherSub

Posts: 6174
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Ok, I just saw this on a profile and I gotta know, after seeing it so many times. Does anyone really think someone else gives that much of a damn about what they put in their profile?

quote:

**Warning: Any institutions or individuals using this site or any of its associated sites for studies or projects -- you DO NOT have permission to use any of my profile or pictures in any form or forum both current and future. If you have or do, it will be considered a violation of my privacy and will be subject to legal ramifications. It is recommended that other members post a similar notice to this or you may copy and paste this one.**

edit to change name of thread-whoda thunk there was another called Really?

< Message edited by JstAnotherSub -- 4/16/2012 5:53:59 PM >

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RE: Really? - 4/16/2012 5:10:54 PM

JanahX

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I always ask them what legal ramification they are going to take.

I usually get blocked.

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RE: Really? - 4/16/2012 5:13:07 PM

NouveauRiche

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Its actually a legal manouevre..
By posting it, you've expressed your wishes so, if somebody goes ahead and does it anyway, they can't then say "well nobody said I couldn't", and it dilutes, at least, the "It's on the internet so it's public property' argument

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RE: Really? - 4/16/2012 5:13:24 PM

Lockit

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LOL.. I love that worthless paragraph!

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RE: Really? - 4/16/2012 5:19:56 PM

Kaliko

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Does it actually mean anything, though? I mean...I can say right now that I never want anyone to copy my image next to this sentence and use it for any other purpose. I can also say the sky will turn purple tomorrow. Doesn't mean either statement has any validity.

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RE: Really? - 4/16/2012 5:21:41 PM

JanahX

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and so what if someone goes and does it anyway? Thats what I want to know.

quote:

ORIGINAL: NouveauRiche

Its actually a legal manouevre..
By posting it, you've expressed your wishes so, if somebody goes ahead and does it anyway, they can't then say "well nobody said I couldn't", and it dilutes, at least, the "It's on the internet so it's public property' argument

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RE: Really? - 4/16/2012 5:49:21 PM

ashjor911

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quote:

ORIGINAL: JanahX

I always ask them what legal ramification they are going to take.

I usually get blocked.

funny.... i did not ask ....& get blocked

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RE: Really? - 4/16/2012 5:50:35 PM

RedMagic1

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An attorney I know in real life has a variation of that on her FetLife profile. I've never bothered to ask her about it. I thought such paragraphs had no value until I saw her sporting one.

...maybe they still have no value......

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RE: Really? - 4/16/2012 5:50:50 PM

fucktoyprincess

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FR

I think the legal ramifications of any language like that would be limited by whatever the privacy policy of the website is.

For example, if someone wanted to do research on the demographic breakdown of people on this site, I am quite sure they are legally entitled to use things like a profile's description of gender to make the calculation of how many females there are. Or how many male submissives, etc. If you saw a news report or study saying something like, "50% of CM users are x", good luck suing on that, even though presumably they used your profile information to come up with that statistic.

I do not know what the laws are regarding photos on the Internet. Certainly someone is not allowed to use a copyrighted image to make money. But can they use an image for non-profit purposes? Maybe someone else can answer that. My understanding of photos is that the rights to a photo are retained by the person who took the photograph. But when exactly is use of a photo that you took a violation of those rights? I don't know.

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RE: Really? - 4/16/2012 5:54:39 PM

JanahX

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And so if someone in say ... Mumbai India steals your pics - what is the recourse?

I know!! Im going to hire an international lawyer so they can sue the poor Indian kid that goes to the Internet cafe to make him pay the price !!! God dammit if I dont have them take away his bicycle and sleeping bag and one extra pair of shoes. Im going to get compensation dammit !!!

give me a fucking break.

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RE: Really? - 4/16/2012 6:05:47 PM

DarkSteven

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The pics are generally stolen by people intending to commit fraud, and who likely live outside the US. If they're planning fraud, the penalties for stealing pics are laughable. Not to mention the fun of bringing charges against someone in another country. That's generally done for murderers or embezzlers.

If anyone puts that warning on their profile, my opinion of them drops.

Plus - be realistic - if a scammer has a choice between stealing pics of CM members or stealing pics of pornstars online, which do you think he'll choose?

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RE: Really? - 4/16/2012 6:08:41 PM

fucktoyprincess

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quote:

ORIGINAL: JanahX

And so if someone in say ... Mumbai India steals your pics - what is the recourse?

I know!! Im going to hire an international lawyer so they can sue the poor Indian kid that goes to the Internet cafe to make him pay the price !!! God dammit if I dont have them take away his bicycle and sleeping bag and one extra pair of shoes. Im going to get compensation dammit !!!

give me a fucking break.

But I have to believe if someone had sexually explicit photographs or videos from a site like this and they ended up on some porn web site that makes money from either advertising or from selling subscriptions, that one would want to have recourse somehow.

Not to mention that separate from a site like this, my friends who are photographers/artists do take this issue quite seriously. After all if others start making money off of work that someone else has created, surely that is wrong.

Obviously it might not make sense to go after some poor kid somewhere. But what if someone has created a website and is making a bunch of money off of art/photos/vids that they didn't create? Surely that's not fair to the person who created the image to begin with?

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RE: Really? - 4/16/2012 6:20:44 PM

JanahX

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I suppose - how much does it cost to hire an international lawyer and participate in an international trial to see that the full penalty of the law is brought down on this individual? Does that person have that kind of time, money and energy to be putting into that kind of effort?

Get real - this is CM, a free website. I am thinking that many of the users that post that disclaimer dont have a pot to piss in. But you never know ..., there just might be that ONE person ... in that ONE certain circumstance that you just described.

Warning to all those without the "disclaimer" !!!

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RE: Really? - 4/16/2012 6:28:17 PM

fucktoyprincess

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quote:

ORIGINAL: JanahX

I suppose - how much does it cost to hire an international lawyer and participate in an international trial to see that the full penalty of the law is brought down on this individual? Does that person have that kind of time, money and energy to be putting into that kind of effort?

Get real - this is CM, a free website. I am thinking that many of the users that post that disclaimer dont have a pot to piss in. But you never know ..., there just might be that ONE person ... in that ONE certain circumstance that you just described.

Warning to all those without the "disclaimer" !!!

I'm in a creative profession. So I understand it may seem trivial to you. But to the extent that people have created something special, an artistic BDSM photo, with the use of a paid model, etc. and are using that on their profile, they still have not given up their copyright to that image by simply putting it up on this website. That is the law in the U.S. And it would apply to its use in the U.S. by other people. I'm not sure why you think of this only in international terms. I'm just saying if someone in the U.S. used photos to make money, that is covered by U.S. copyright law. And if there was enough money on the table, attorneys here would take the case on contingency. People/companies in the U.S. get sued all the time for using images that they don't own the copyright to.

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RE: Really? - 4/16/2012 6:39:30 PM

fucktoyprincess

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For example, there is an Art and Photography section in these forums where people seem to be putting up original artwork. I would think that U.S. copyright laws would still protect this artwork, even though they've put their art up on a free website. i.e., presumably someone else can't steal the image and sell it without their permission without violating copyright laws. Now, I think you are putting yourself at risk to have your art stolen by putting it up on this site. But that doesn't mean you lose your rights if you were to find out that someone had stolen your work and made money off it.

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RE: Really? - 4/16/2012 6:40:42 PM

JanahX

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I guess I have a hard time even acknowledging that someone would even think along those lines here .. especially when the last five people that have contacted me that I have never spoken to before in my life - most important question on their mind for me is if I am into ANAL SEX and all the details of what theyre going to do to me.

I guess I underestimate the intelligence of most of the people that contact me here - and that they would really put it all out there - job, family, friends, cash, about how their suing for someone stealing their porno pics off of Collar Me. I guess maybe they might have to take their kids out of school then? Idk ...

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RE: Really? - 4/16/2012 6:41:55 PM

Karmastic

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it has nothing to do with the photos. although, when u take and post a photo, you're publishing it, and i think u don't need to mark it as such to receive copyright protection. regardless, i can think of a 100 "fair use" exceptions where they could use your pics.

i included the warning, and it DOES have a useful purpose in this limited context: someone doing research for a term paper, or anyone else doing any kind of research cannot ethically converse with me to obtain information. now being ethical is no guarantee, but if you're doing research, and have 1 unethical choice, and a hundred ethical choices, you'll probably choose one of the ethical choices.

some may say this doesn't happen, or that it's stupid to include in my profile because it's such a low risk. to them, i say, it doesn't hurt, and any woman who would be put off by something so trivial isn't a good match for me anyway.

btw - i'm not talking out of my ass here, I'm "trained".

< Message edited by Karmastic -- 4/16/2012 6:47:21 PM >

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RE: Really? - 4/16/2012 6:49:14 PM

fucktoyprincess

Posts: 2337
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quote:

ORIGINAL: JanahX

I guess I have a hard time even acknowledging that someone would even think along those lines here .. especially when the last five people that have contacted me that I have never spoken to before in my life - most important question on their mind for me is if I am into ANAL SEX and all the details of what theyre going to do to me.

I guess I underestimate the intelligence of most of the people that contact me here - and that they would really put it all out there - job, family, friends, cash, about how their suing for someone stealing their porno pics off of Collar Me. I guess maybe they might have to take their kids out of school then? Idk ...

Lots of people are in the public scene and wouldn't hesitate twice about suing.

Lots of people on this site are professional Dominants who make money from various sources from their play and sessions, and their personal photographs would be considered to be part of their work. Many of them have affiliations with larger organizations who operate in the public play circuit. I would think if someone else started using their images, they, or the organizations they are affiliated with, would sue.

The issue is not privacy. The issue is that other people are not allowed to make money off a copyrighted image.

I don't see why just because this is a BDSM site that copyright laws would not still apply.

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RE: Really? - 4/16/2012 6:52:36 PM

fucktoyprincess

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quote:

ORIGINAL: Karmastic

it has nothing to do with the photos. although, when u take and post a photo, you're publishing it, and i think u don't need to mark it as such to receive copyright protection. regardless, i can think of a 100 "fair use" exceptions where they could use your pics.

i included the warning, and it DOES have a useful purpose in this limited context: someone doing research for a term paper, or anyone else doing any kind of research cannot ethically converse with me to obtain information. now being ethical is no guarantee, but if you're doing research, and have 1 unethical choice, and a hundred ethical choices, you'll probably choose one of the ethical choices.

some may say this doesn't happen, or that it's stupid to include in my profile because it's such a low risk. to them, i say, it doesn't hurt, and any woman who would be put off by something so trivial isn't a good match for me anyway.

btw - i'm not talking out of my ass here, I'm "trained".

But anyone doing academic research cannot enlist subjects without their knowledge. You have to agree to be part of a study in order to be in a conversation with someone doing research. They can't pretend to be a regular user of CM and contact you and not tell you that they are actually corresponding with you for research purposes. I believe that is illegal regardless of whether you put the disclaimer up or not. Again, I'm not sure the disclaimer adds anything to the rights that people already have by law.

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RE: Really? - 4/16/2012 6:57:20 PM

fucktoyprincess

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FR

For example, check out this thread in Art and Photography. If you read the comments you will see that someone actually addresses the stealing of artwork issue.

http://www.collarchat.com/m_3129695/tm.htm

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