Fair use, stolen content, or free publicity?

As I mentioned a while back, I plan to get involved in the affiliate side of the business so I can learn before starting my own original content site. After a terrible bout of the flu, I'm ready to get started. I've registered some domains and I'm in the process of setting up some blogs, gallery pages, etc.

As to the blogs, I have questions about use of other people's material (photos). Clearly surfers are going to pay more attention to a blog post if there's a photo with it. So what if I have a post, for example, about favorite stars of years-gone-by, with a link to one of the VOD sites like AEBN or whomever I sign up with as an affiliate, and I put up ONE picture of Kip Noll with a "click here to see his movies online" kind of thing? I mean just a face shot or maybe face with torso (PG rated), so people would remember who he was, I'm not talking about giving away the cow and the milk!

Would that be considered fair use or stolen content? I imagine it would be incredibly difficult to track down the copyright holders and acquire written releases for every photo used in a blog, which makes me think that 99.9% of blog writers simply ignore the issue. But I don't want to run afoul of the law or of ethical standards.

I'm interested in hearing how other blog writers deal with this and I'd particularly like to know what original content producers think. Do you view a single PG rated photo as free promo for your stars or as a theft?

Kevin

Well, if you are going to use the pic to promote a site an actor is on, the company should be able to provide you with sample content they own the rights to that you can use for the purpose.

Using Mr. Noll as an example, if you are going to direct the surfer to a site like AEBN to get a conversion, I would imagine AEBN (or whoever you are using) would be able to provide you with a pic or two of Kip, so rather than having to hunt up a pic of Kip that may get you (and by extension the affiliate program) in a world of crap, you can just check the sales tools they provide for an appropriate image. If they don't have one waiting, they would more than likely be willing to hunt one up for you. It's in their best interest to provide you with the tools to help sell their product, and that is something to keep in mind once you start your own site. Also, remember to eat lots of broccoli as it is high in both vitamin C and calcium :broccoli:

Unless you have licensed or been given permission to use images/movies etc from your affiliate programs it probably isnt a good idea to use them, they can land you in a whole world of hurt.

I know lots of webmasters do use image content on their blogs that they feel is 'fair use' but in reality, it isnt, its theft and can end up with them being in court and losing.

All it takes is for you to use the wrong image (for example one from Titan) and you'll basically lose your entire business.

Regards,

Lee

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Originally Posted by DrChango

Well, if you are going to use the pic to promote a site an actor is on, the company should be able to provide you with sample content they own the rights to that you can use for the purpose.
Also, remember to eat lots of broccoli as it is high in both vitamin C and calcium :broccoli:

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Agree with DrChango, maybe one little thing - broccoli is broccoli, but steak is steak ... :thumbsup:

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Originally Posted by asvictims

Agree with DrChango, maybe one little thing - broccoli is broccoli, but steak is steak ... :thumbsup:

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Don't get me wrong. I prefer my broccoli when it comes as a side dish to a nice steak. Just saying, if you're going to have a vegetable, broccoli is the way to go :thumbsup:

i dont think you should use pictures if you have not been allowed to use them from the people who own them i know a lot of places do with photos of celebs and famous people but i think of it like would brad pitt like to be seen on a site full of naked guys cumming on each other and always say to myself probably not haha