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Old 2006-02-02, 11:25 AM   #1
SmithsMedia
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Quote:
Originally Posted by SirMoby
It's possible that some sponsors may allow it so the real answer is maybe. Of course I don't know of any sponsor that does allow it and I can't think of any reason why they would but it is possible.

Unless the content has been offered as public domain or it says in the terms that you can then the answer is NO WAY
OK, but what if it does not cover the topic then of course he you can do it. Lets face any content the webmasters use is just one level down from the public domain.

The way I see it is if you are using a picture or movie and the only paysite you are selling tickets for are the people who gave you the content then there should be no issue.

We are the people that have to sell their site, sometime the sponsors forget that.
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Old 2006-02-02, 11:30 AM   #2
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Quote:
Originally Posted by SmithsMedia
OK, but what if it does not cover the topic then of course he you can do it. Lets face any content the webmasters use is just one level down from the public domain.

The way I see it is if you are using a picture or movie and the only paysite you are selling tickets for are the people who gave you the content then there should be no issue.

We are the people that have to sell their site, sometime the sponsors forget that.
With that kind of thinking we may see your name in the possible cheaters forum...
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Old 2006-02-02, 11:47 AM   #3
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Originally Posted by Surfn
With that kind of thinking we may see your name in the possible cheaters forum...
I don't see how I am cheating with this view, personally I speak with sponsors idearlly on the phone before I promote them and explain what I need.

My request tends to be the same content in 20's unmarked. I show them sites I have made and explain clearly what I will be doing and promoting.

Its basic business Surfn, right now I am trying to see what you see is cheating |confused|
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Old 2006-02-02, 12:09 PM   #4
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Quote:
Originally Posted by SmithsMedia
I don't see how I am cheating with this view, personally I speak with sponsors idearlly on the phone before I promote them and explain what I need.

My request tends to be the same content in 20's unmarked. I show them sites I have made and explain clearly what I will be doing and promoting.

Its basic business Surfn, right now I am trying to see what you see is cheating |confused|
Assumption is the mother of all fuck ups.


The typical affiliate program assumes that the typical webmaster has some modicum of common sense. Something I find difficult to assign these days.


It's probably not in the TOS of any of your sponsor programs that you are allowed to walk into crowded mall with a gun and force several hundred people to use their CC to sign up either. Common sense should dictate this.

The right way to do it is contact someone at the sponsor and get an answer before proceeding.

Again Assumption is the mother of all fuck ups.
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Old 2006-02-02, 12:17 PM   #5
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Quote:
Originally Posted by SmithsMedia
I don't see how I am cheating with this view
A photo is automatically the copyright of the photographer unless they have sold that right on (eg to your sponsor). Whoever has copyright has final say in what can and cannot be done to it. If they say "you can use this photo to advertise our site" then you can do that, and only that. The way the law runs is that altering it and publishing it (even on a website) is assumed banned unless the copyright holder gives you permission to do so. In other words, if he don't say you can, he means you cannot, and the law is on his side if he catches you.

Quote:
Originally Posted by SmithsMedia
Lets face any content the webmasters use is just one level down from the public domain.
Do you like your house? Your car? Your stereo, TV, DVD? And everything else you own? I hope not, because if you practise this theory and you are caught, you are going to have to sell the lot to cover court costs and what you will owe the copyright owner.

However I cannot understand why sponsors do not allow this. As I said in a previous post, I allow affiliates to watermark my content with my site's URL and their affiliate code. When I mentioned this point in my sig on another board, with a link to my affiliate program I got a hell of a lot of sign ups (several times what I got doing the same thing but promising high profits)
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Old 2006-02-02, 12:33 PM   #6
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Quote:
Originally Posted by ecchi
A photo is automatically the copyright of the photographer unless they have sold that right on (eg to your sponsor). Whoever has copyright has final say in what can and cannot be done to it. If they say "you can use this photo to advertise our site" then you can do that, and only that. The way the law runs is that altering it and publishing it (even on a website) is assumed banned unless the copyright holder gives you permission to do so. In other words, if he don't say you can, he means you cannot, and the law is on his side if he catches you.

Do you like your house? Your car? Your stereo, TV, DVD? And everything else you own? I hope not, because if you practise this theory and you are caught, you are going to have to sell the lot to cover court costs and what you will owe the copyright owner.

However I cannot understand why sponsors do not allow this. As I said in a previous post, I allow affiliates to watermark my content with my site's URL and their affiliate code. When I mentioned this point in my sig on another board, with a link to my affiliate program I got a hell of a lot of sign ups (several times what I got doing the same thing but promising high profits)
The first quote reads really bad - I have expressed a view - by expressing a view I was being told I was could be branded as a possible cheat - let me stress this is my view.

Now what you are saying in your second para here is pretty much why I talk to sponsors before I begin work on anything. You do the right thing letting people stamp the images. People joined because they could make galleries for you and not loose out on the type ins, flexibility in a sponsor is all good
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Old 2006-02-02, 11:51 AM   #7
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Quote:
Originally Posted by SmithsMedia
Lets face any content the webmasters use is just one level down from the public domain.
No, that's not true. Any level of ownership is a HUGE step away from being public domain. Almost nothing is public domain.
Quote:
Originally Posted by SmithsMedia
We are the people that have to sell their site, sometime the sponsors forget that.
Yes, and they make content available to us to promote THEIR sites, not ours. A sponsor's content is not meant to be a traffic source.
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Old 2006-02-02, 12:20 PM   #8
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Originally Posted by Useless Warrior
No, that's not true. Any level of ownership is a HUGE step away from being public domain. Almost nothing is public domain.
Yes, and they make content available to us to promote THEIR sites, not ours. A sponsor's content is not meant to be a traffic source.
I think you have mis understood me, reading your second comment, if I was to do this and marked it with a site promoting their programme.

I dont think its right to have a picture of 'Jane.com' and then put a url for a site on it that is not promoting the 'jane.com'

Heres a site I have that is a live sample of what I mean -

this http://www.inbedwithfaith.org.uk/in-...aith/page1.htm

I would not use it for anything else, no point thats what they are wanting to buy. These pages get funkstered and stuff which leads to sales.

Regarding onwership levels I don't disagree, I have met a lot of people around europe with sites and other content producers, most people acept that if you are online your stuff will get ripped off. Again I dont think this is good but we all realise this is what happens.

BTW UW I saw an old post re a freesite project you were doing, this is why I was coming here - now I am locked into this dam debate
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Old 2006-02-02, 12:52 PM   #9
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Quote:
Originally Posted by SmithsMedia
I think you have mis understood me, reading your second comment, if I was to do this and marked it with a site promoting their programme.

I dont think its right to have a picture of 'Jane.com' and then put a url for a site on it that is not promoting the 'jane.com'

Heres a site I have that is a live sample of what I mean -

this http://www.inbedwithfaith.org.uk/in-...aith/page1.htm

I would not use it for anything else, no point thats what they are wanting to buy. These pages get funkstered and stuff which leads to sales.

Regarding onwership levels I don't disagree, I have met a lot of people around europe with sites and other content producers, most people acept that if you are online your stuff will get ripped off. Again I dont think this is good but we all realise this is what happens.

BTW UW I saw an old post re a freesite project you were doing, this is why I was coming here - now I am locked into this dam debate
Intellctual property law has more or less different rules in different countries. But there are international contracts which have brought some standards. For further information have a look here:

http://www.wipo.int/library/en/

One is that the owner of the property - and only the owner - is allowed to mark the property with his name or business name.
Itīs exactly that what you do with your domain name in the example and itīs of course not allowed, because you claim to be the owner of that property, though you donīt have any copyrights on that pic.
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Old 2006-02-02, 12:55 PM   #10
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Quote:
Originally Posted by frankthetank
Intellctual property law has more or less different rules in different countries. But there are international contracts which have brought some standards. For further information have a look here:

http://www.wipo.int/library/en/

One is that the owner of the property - and only the owner - is allowed to mark the property with his name or business name.
Itīs exactly that what you do with your domain name in the example and itīs of course not allowed, because you claim to be the owner of that property, though you donīt have any copyrights on that pic.
No I dont have the CR or do I own the pic, what I do have is the consent from the sponsor.
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Old 2006-02-02, 01:08 PM   #11
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Quote:
Originally Posted by SmithsMedia
No I dont have the CR or do I own the pic, what I do have is the consent from the sponsor.
OK, if the sponsor allows you to do so, itīs not a problem. I was speaking generally. And itīs generally not OK to watermark any content without permission. Most sponsors donīt allow it anyway.
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