It is important to mention the name of that contractor. please do.

I just looked up the License on Photorama and two, arguably three, items were violated, which are also included in our license.

You guys don't have your facts in order here.

Both Photorama's and Asian XXX Content's license were violated in more than one area.

I sent the party proper notification with compliance options, but did not receive a reply from them until I carried out the next step, which is to notify hosting providers with a DMCA Infringement letter.

The host has the option of removing the content in question or shutting down the site until the customer removes the content in question. The host can be liable for damages up to $100,000.00 so they generally comply immediately.

A copyright holder reserves the right revoke a license at any time and for any reason. They may also change their license at any time without notice. Either way, there is no legal recourse. It's up to the copyright holder to enforce it or not.

We are not trying to be assholes here, we are just giving value to our license and enforcing it. It's too bad that a single person rather than a business was affected here as I'm sure it may have some impact.

I haven't read the rest of this thread so this may have already been stated.

If YOUR license does not show that you have the right to use the content on banners, topsites, or promotional stuff then you have no business doing so.

For the record, this is exactly why you should buy direct from content producers. :2 cents:

Again, you guys don't have all the facts in regards to how the usage of the content was in violation.

Everyone is making assumptions based on the first post of this thread which does not accurately reflect the reason that the license was revoked.

Some of the posters to this thread are using copyrighted images undoubtedly without the copyright holders permission.

That goes without saying toots.

I'm just saying that with 6 years in the phone sex business... I've never had a content producer get mad about topsites and other promotional materials... I'm glad it's not me that was affected... but the contractor who was affected is Japanese American... and sometimes her written posts aren't as clear as they should be.. so I did do the post on here..

But yea... I try to work with the content producers right on.. and let them know.. Hey this is phone sex. Hey we do topsites, banners, dummy blogs...

What's funny is one phone sex solo girl site sees less traffic/saturation/exposure in a month...

Than say a FHG... on a busy TGP...

And most content producers REALIZE that.. and don't get their panties in a bunch over phone sex usage...

But she's fixing it.

i think one quarter of my clients is phone sex ladies - i have no problem with that

IF you Use Feeds alot of these troubles might be avoided.

Please let me know if I can ever be of any assistance.

Otherwise good luck to you :)

And this is why when I hire a new contractor... your site is one of the ones I send them :)

which i appreciate a lot! :thumbsup :)

Wow... that's pretty lame...

Cease and desist... *yawn*

Why are people so fucking annoying? If they had a problem with usage, they could have sent a concise, polite email asking who was responsible for the way in which the content was being used, then contacted the girl you mentioned or photorama. Sounds like a whole lotta unnecessary photodrama from Asianxxx... Should have just offered to give the money back in exchange for removing the content. Hassle, yes, but lawsuits? Why is everyone so sue-happy... can't we use more civilized communication channels before resorting to threats? So juvenile... "My daddy could beat you up..."

I have the best license around, no tricks!

hard to believe that some1 still follows the copyright these days....Basicly I would say - who cares when everything is for free outhere ?

Apparently people are not reading the start of the thread...

I did send a nice polite letter with compliance options and 72 hour response window. It was not responded to until it went to the next step, notify hosting providers. We initially even considered re-licensing the content, but decided against it once we determined how widespread the abuse was, in our opinion.

If anyone is in the right to sue over this issue, it's Asian XXX Content.

but the truth of the matter is.. hits wise.. you could add up ALL HER TRAFFIC in a MONTH...

and it's less than one days traffic of a FHG.

You just decided to be an ass to a phone sex operator for whatever reason.

And I've read the letters you've sent her compadres in the industry.. topsites, other companies... and I read your initial letter to her. It wasn't nice, polite...

It was outright telling her to take it down.. that it was theft..
Then when she explained her situation of purchasing from photorama.. you just strongholded her more.

I've read the letters a few times...

I get that you have every legal right to do it. I get that. I get that photorama's use was trumped by yours.. I get that...

But you weren't nice and polite in the whole ordeal.. nor did you look at the whole big picture of saturation/exposure/ and traffic...

Most content producers do that before dealing with a PSO. You didn't. You don't feel that you should or have to.. and that's cool. That's fine.

Like I said a 20 posts ago. Lesson learned.

Your statement is exactly why everything is out there. People are just apathetic about it.

My customers notify me if they see our content in places it does not belong and I return the favor to them. It seems to work out fairly well.

I want to have customers to sell to in the future, but how can I if people stop spending money on adult pay sites? If there are no more pay sites, then the affiliate programs also go away. This ultimately has a trickle down effect on everyone.

I see people complaining about the tube sites and how it hurts business, well this is one way to stop them. Don't waste time tracking who stole what file, just get your stuff off the sites that have it. I care about our content and I will do what I have to in order to protect it. If you don't care about yours or the people that you are purchasing the content from, then don't cry when you have lost all of your customers to the "free" sites.

Then you need to update your policy to say that you do not sell to phone sex operators... because they do all the same promotion that any other online business is going to do. Craigslist, newsgroups, topsites, profile sites...

So you might just wanna not allow phone sex at all... how else are they gonna market?
PSOs don't do FHG's... so.. yea.
It'd be in your best interest to just outlaw phone sex all together...

FYI.
Just found out he did the SAME THING to another phone sex site as well.. completely different than this one.... DMCA'd her thru GoDaddy. Apparently whatever email you guys are sending out is scaring the hosts enough to take down the "icky porn site"

That site had been up for FOUR YEARS...

Next time you offer your content up to a reseller.... tell them to not include phone sex.

It was probably the same PSO.

If you are familiar with how she is conducting business and have read both the letters from me and the license from Photorama, then the violations should be obvious.

From Photorama's license:
You do not have the right to resell, rent, lease, transfer, redistribute or re-license the CONTENT.
...
You acknowledge that unauthorized reproduction of copies of the CONTENT may constitute a serious crime, and that such actions may also result in a suit for damages, injunctive relief, and attorney fees, pursuant to this agreement and to other rights that Photorama may have.

She's lucky we only asked that the content be taken down.

I have no control over what the host does, as I stated before. They will either remove the offending content or take down the site until the customer has complied.

The letter is a simple as it can be. If anyone needs a copy for DMCA infringement, let me know.

WTF does any of that have to do with my reply?

Their question was about using content in a way that was not covered in their license. That in itself is against the rules. Why do I need to know more about the situation when I'm already siding with you or whoever it is that the content came from?

The point was that people were continuing to perpetuate the assumption that this was over the use of banners, TGP, fuck all, etc.

This could not be further from the reason that we pulled out content. We had no issues with this person initially, but upon further discovery, we learned that they violated something major and we decided to take action.

I'm not sure why this even got blown out of proportion in the first place.

We are only talking about a few images here for christ's sake. She either did not read the license thoroughly, did not understand what it said, or chose to ignore it. It really does not matter which at this point as it's already a done deal.

Besides, if she is any good as a PSO this should have no bearing on her sales.

You're a charmer :)

legal stuff to pass to photorama it seems (unless the buyer did not honour the agreement with photorama who I know as a proffessional company that always takes care of any problem).

LOL I know I love your content it rocks.. :thumbsup

Sorry to all involved and to Photorama about misunderstanding.
 

Regarding this issue, I had a communication error with one of my team members and this was in no way any fault of Photorama, who has represented me for many years with class or their customer. They are an excellent and reputable company and I would highly recommend dealing with them anytime, either as a customer or as a studio. I have spoken with them and all has been settled. My apologies again to all involved.

Brad Koerner

thank you :)

Hey Brad & all People out there!

Photorama regrets this miscommunication but as you know shit does happen and there were no bad intentions here. Brad and I have talked things over, sorted it out and set things straight to prevent this in the future. I made sure that my client was refunded so for Photorama this matter is cleared.

Brad thanks for your kind words. I am glad this matter is solved.

Bart Zech