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Non-Nude Image Site Precautions

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bythewaybtq

New member
I live in VA- not sure if that matters for a website or not.

I have an idea for an image site that accepts user-submitted photos and alters them to be...sexier...but still not definitively pornographic.
I'd be running the images through an image scrubber, reversing them, and placing a watermark to cut down on reverse image search results, as well as requiring the submitters to consent to owning the rights to the picture and giving permission to alter and post it.
I would also naturally have a DMCA disclaimer that states the requirements and process for take-down requests.

I'm kindly asking you to refrain from expressing whatever biased judgment you have, and would simply - per the point of this site - be grateful for any further professional advice towards lessening the chances of copyright infringement suits.

Thanks!
 


quincy

Senior Member
I live in VA- not sure if that matters for a website or not.

I have an idea for an image site that accepts user-submitted photos and alters them to be...sexier...but still not definitively pornographic.
I'd be running the images through an image scrubber, reversing them, and placing a watermark to cut down on reverse image search results, as well as requiring the submitters to consent to owning the rights to the picture and giving permission to alter and post it.
I would also naturally have a DMCA disclaimer that states the requirements and process for take-down requests.

I'm kindly asking you to refrain from expressing whatever biased judgment you have, and would simply - per the point of this site - be grateful for any further professional advice towards lessening the chances of copyright infringement suits.

Thanks!
To avoid claims of copyright infringement, you should obtain copyright releases (licenses to use the images) from the owners of the copyrights before publishing these images on your website.

Altering or modifying copyright-protected images can be judged derivatives of the originals. Creating derivatives is an exclusive right held by the owner of the copyright.
 

PayrollHRGuy

Senior Member
but still not definitively pornographic.
And how are you going to decide they aren't pornographic? The courts even have problems doing that.

There is also the issue of the age of the models in the photos and the requirements to prove that age if the photos are deemed to be pornographic.
 

quincy

Senior Member
It is not illegal to publish pornography as long as the subject is not a minor and the adult subject has consented.

That said, the website will require a carefully drafted disclaimer and terms and conditions of use that limit access to the site should the altered images be pornographic in nature. The disclaimer and the terms and conditions should be drafted by an attorney well-versed in publishing laws to best avoid lawsuits arising from the content on the site.

A website like the one proposed is doable but should not be done without taking proper precautions.

Here is a link to federal laws on obscenity (although no mention was made by bythewaybtq of publishing obscene material):
https://www.justice.gov/criminal-ceos/citizens-guide-us-federal-law-obscenity
 
Last edited:

zddoodah

Active Member
I[] . . . would . . . be grateful for any . . . professional advice towards lessening the chances of copyright infringement suits.
Actual legal advice is not something you can get from anonymous strangers on the internet (many of whom are not lawyers or at all knowledgeable about copyright law). Read this sites terms of service and the disclaimer ("IMPORTANT NOTICE") at the bottom of every page at this site. Then find a local attorney and set up a consultation.

Beyond that, "what'd'ya think?" type posts are rarely productive. If you have specific questions about something, ask those and we may be able to answer.
 

quincy

Senior Member
Actual legal advice is not something you can get from anonymous strangers on the internet (many of whom are not lawyers or at all knowledgeable about copyright law). Read this sites terms of service and the disclaimer ("IMPORTANT NOTICE") at the bottom of every page at this site. Then find a local attorney and set up a consultation.

Beyond that, "what'd'ya think?" type posts are rarely productive. If you have specific questions about something, ask those and we may be able to answer.
Professional advice is available on this forum. Legal information is available on this forum.

FreeAdvice is fortunate to have several longtime members who are well-versed in the law - some are attorneys, some work in fields where legal knowledge is important, some are simply skilled researchers. But, like any forum, you will have idiots posting. On this forum, the idiots generally are weeded out rather rapidly. They will not reach “senior” status.

For legal advice to rely on, however, a poster always should seek legal advice from an attorney licensed to practice in the poster’s own jurisdiction. That is part of the IMPORTANT NOTICE posted at the bottom of every page on this site.
 

PayrollHRGuy

Senior Member
It is not illegal to publish pornography as long as the subject is not a minor and the adult subject has consented.
I didn't mean to imply it was. But if it is pornographic the OP is confronted by a whole set of problems. Let's say 16-year-old Suzy sends her picks to be modified and send the ID of her 18-year-old sister as proof that Suzy is of age. All of a sudden the OP is now in possession of child porn.
 

quincy

Senior Member
I didn't mean to imply it was. But if it is pornographic the OP is confronted by a whole set of problems. Let's say 16-year-old Suzy sends her picks to be modified and send the ID of her 18-year-old sister as proof that Suzy is of age. All of a sudden the OP is now in possession of child porn.
There can be age verification, although that is not a guarantee that those accessing a site are not minors or that the images submitted for “modification” are not picturing minors.

There certainly will be more legal issues for bythewaybtq to review with an attorney in his area if the content he describes as “sexy” could be described by others as pornographic or obscene.

The legal questions he posed in his original post, however, have to do with copyright infringement. If he obtains releases from the copyright holders who are submitting images and he has a DMCA takedown policy so a copyright holder can have material said to be infringing removed from the site upon request, he should be okay from a copyright perspective.
 

PayrollHRGuy

Senior Member
Since the OP doesn't think the images will be "definitively pornographic". It may be an issue he hasn't even thought of and which could have much harsher consequences. Hence, my post.
 

quincy

Senior Member
Since the OP doesn't think the images will be "definitively pornographic". It may be an issue he hasn't even thought of and which could have much harsher consequences. Hence, my post.
I understood the point of your posts. :)

The altering of images of minors comes with a host of problems that can far exceed the problems of copyright infringement.
Any time you want to capitalize on a subject's identity, it behooves you to have a model release.
Good point.

A transfer of copyrights in an image by the copyright holder or a license granted by a copyright holder to use a copyright-protected image only addresses copyrights. Other rights can attach to an image.

The publicity/privacy rights of the person pictured also needs to be considered. The copyright holder should obtain a model release from the person photographed before submitting an image for use online.

bythewaybtq should have his website plans personally reviewed by an attorney in his area so that all legal issues that can arise over the content on his site can be addressed properly. He should also speak to his insurance agent about having a policy that adequately covers his website.
 

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