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I need serious advice about copyright material usage on my website.

Discussion in 'Business & Tax Advice' started by jewradly, Jul 7, 2013.

  1. jewradly

    jewradly Jr. VIP Jr. VIP Premium Member

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    So I have been running a website for about 6 months now. It is a tumblrsite with a custom domain name in a niche (a subset of the tattoo niche) that has not been tapped yet. It has grown tremendously over this time and I really need advice as to whether or not I can salvage/keep the website.

    Basically all this website is is a stream of a bunch of photos and quotes. Each photo I use, I search it on Google images first, to make sure there are more than 10 other copies of this photo located on other websites. I know that every single photo is copyrighted, but I really want a way to get around this, because I think it has great potential for the artists to share their work and for the viewers to get ideas for their next tattoo.

    I posted one adsense banner at the top of the page 6 days ago, and since then, have made almost $125.

    I have the DMCA takedown disclaimer at the footer of every page and I also have a line that says "© All images are copyrighted by their respective authors." but I know this is not enough.

    I am seriously considering converting this to a user only site (like pinterest, weheartit, piccsy, etc), where all the content comes from users and not me. Is this worth the leap, and will this protect me from copyright infringement?

    Please help, I have searched for hours trying to find a solution/answer to keep this site alive.
     
  2. SolitonIM

    SolitonIM Newbie

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    Depending on how big you are getting, I would not worry about it yet. If you haven't been bothered yet, keep calm and carry on. If you ever get sent a DCMA complaint, just comply and switch over to a user base. You gave credit where it's due by copyrighting the respective authors.
     
  3. igniteimages

    igniteimages Regular Member

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    If you genuinely think this would profit the tattoo artists themselves why not reach out to them and get legitimate licensed content?

    It may be a couple of steps back to move forward but surely it would be a more authority site. You could have features on tattoo artists etc.
     
  4. clark31

    clark31 Registered Member

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    Sounds like you're OK considering the tens of thousands of pics that get passed around on Tumblr. Pretty impressive Adsense earnings, I'd scale it up.
     
  5. hamish11

    hamish11 Regular Member

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    This is from one of the leading copyright attorneys in California in response to a query from me.

    "Generally, if you registered before this infringement (or if they infringed first but you registered within 90 days of your publication), then you have access to a range of statutory remedies, which cases we take on contingency regularly as a result. If not, then you have an actual damages case, which given your deal with Getty means there is an established royalty rate, which will be less than the scope of what is available in statutory damages (up to $150k if willful and here you have facts that evidence willfulness; and attorneys fees). Their fair use defense is not great given the commercial nature of the magazine and web-page, but they will certainly assert it. Here, they have infringed your exclusive rights by reproducing it, publicly displaying it, and also creative a derivative work/adaptation of your work. Let me know your status vis-a-vis registration and we'd be interested in exploring this further with you."
     
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  6. jewradly

    jewradly Jr. VIP Jr. VIP Premium Member

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    Dang I don't know what to do still.
     
  7. DebtFreeMe

    DebtFreeMe Regular Member

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    I would carry on and just comply if you ever get a dcma or even if you get an email from someone just take down their stuff... It is way too expensive on both parties side to go to court so the odds that that will ever be a first step for anyone is near absolute zero...

    I would carry on and keep that money coming in... I have run autoblogs for years and I only ever had one email, I took down the guys stuff and kept on making money...

    Never shoot a gift horse in the head when you can ride it off into the sunset...

    Just my experience and thoughts.