As you know, I want to host an adult website. I already know that it’s allowable. But I want to know what you mean by the word “legal”. My kind of adult site is going to be anime-related (mostly fandom), but what I’m afraid of is copyright infrigement. So I was wondering if I could put up a special page where I can list all the copyrights. I’m doing this for two reasons:
Respect for the makers
A lot of hentai (anime porn) websites put disclaimers everywhere, especially in fanfiction. By making this single page, it’ll even help reduce my disk quota once I sign up.
That’s what I want to know about. I don’t want to start publishing my web server only to find out that I’ve broken a law.
And I don’t want to host this website on an actual adult server. They’re probably gonna want me to advertise pornography, or make it password protected so that only subscriped members can enter (ie: you gotta pay). My website won’t be for profit gain.
At the same time, I’ve never done webhosting before, so this really is my first time in doing it (no pun intended).
Seems the only way I can explain it is if I give you links to some websites I know. I can’t do that here due to the family-friendly rule made in the beginning of the page.
As far as being within the law, copyright is not to complicated. A work produced by an artist is fully copyrighted to him or her regardless if there is a copyright notice included with the work. (this is true for recently created art).
Legally you may only reproduce a piece of art with the ‘express wirtten permission’ of the author. That just means that you should have a document written and signed by the author that says no1wammy and may use my art on his website.
Now, that’s what the “law says”. Personlly I wouldn’t think you need to be quite so strict. If you set up your website, and welcome artists to submit their work for display on your website, that should be good enough. You probably want to make sure that you and the artist understand each other, and agree to the specific use of the art.
So if I were to submit a piece and tell you that you have my permission to show this on your website. This agreement doesn’t allow you to take part or all of their art and use it to advertize your website else where.
I have limited expirence with other fan sites, where art is being submitted, but I would also suspect that you’d want to make sure that each artist’s copyright notice is displayed with the art, and that you make it obvious to visitors that this stuff is still copyright the artist. Some sites even go so far as to make it difficult to download the images to a users hard dirve.
I agree with the above post- you should double check with support and get their approval before you go very far - that will just cover you back. If anything should come up, you can honestly say that to the best of your knowledge you were acting in acordance with Dreamhost Regulations and in compliance with copyright law, and fair use regulations.
I think it’s not going to make a differnece, but if you want, you are welcome to PM me with your links and more specific questions. (I’m quite of age, don’t worry.)
Just because I draw a picture of a Mickey Mouse doesn’t make me the copyright holder… Disney still owns the right to the likeness. The same principle holds for anime like Robotech - even if the copyright holder is in Japan, they’re still the copyright holder.
I’m not sure if this is the gist of the site you’re considering. There has been a lot written about the good and bad that anime fan sites do: by putting pictures and videos on the internet, they’ve created a fan community that would have otherwise not had existed… the downside is that they’ve done it on their own, without permission, and the copyright holders haven’t gotten a dime.
[quote]If you’re concerned about your Fair Use rights, support EFF.
Which of the following legal victories should I be most aware of, in relation to my topic? What kind of victories have they’ve actually prevailed in, and not had to deal with a second time? Remember the P2P file-sharing issue? It’s still ongoing as of today. The RIAA has already attacked Limewire and WinMX, two of the biggest P2P programs after Napster’s demise. And I see no stop light in sight (just for a minute, I felt like I was rapping there).
Honestly, I do not want to get involved in such letigations. I don’t want to see myself locked up behind bars. I have another dream I want to pursue besides this website. And I have so much respect for all the companies and industries that have created such titles, and have made quite an impact on the people. You can even say that they’ve built their own religion with these titles (Knowing that there is still a God in every one of us - sorry).
Proving your devotion to something is one thing. The direction is another tip of the iceberg - one which usually gets hit. In the end, everyone who’s on that ship will drown into the bottom of the sea, one way or another. I don’t want that to happen.
Both copyright and trademark law have been invoked at times in the protection of fictional characters, their appearance, and their names. Use of a character might be regarded as a “derivative work” for copyright purposes, and the name and likeness of a character might also be subject to trademark law if it is identified in the public mind with one particular company (e.g., Mickey Mouse for Disney) and any other use of the character might cause people to believe it’s endorsed by the character owner (and could be considered “tarnishment” if it’s involved in something like pornography that some consider disreputable).
However, the law is very complex and murky on these issues, and there are numerous possible defenses under fair use (for parodies and other transformative works, for instance). Issues regarding fan fiction and fan art have no consistent case law, probably because copyright/trademark owners are reluctant to go to court against their fans due to the bad PR this causes, so actual cases are few, and are usually settled out of court when they occur because fans have little resources to fight back.
Wammy - I suggest you start with the copyright owners. Go back to them and get their permission in writing. Make sure there is a “WIIFM” in the deal - i.e. What’s In It For Me? Offer them a % of the sales or subscriptions. This will actually help you as it might give you a stream of great content before anyone else and you will become a publisher for them.
Then get DH’s ok and I can’t see them worrying about it if the copyright owners have given their blessings.
I sell software that has pictures in it that we have contracted with the authors to provide. They get a % of the sales and can also sell the products on their own and pay us a %. When a customer comes to us and asks if they can use our software to publish e.g. a free brochure, we always go back to the authors to get their ok first.
Note: I’m going to include a couple lines you will not find in this post. They are from a PM I received just today. Nonetheless, it’s all replies from all you see here.
[quote]Then I’d suggest something like the TOS including copyright notice that Internet Archive uses, or Google’s, and most of all be ready to “take it down” when notified.
I had that on the back of my head right when this website was being developed. Mind you, I began this project back in 2001 - four years in the making.
Are there other websites that use something as similar to the Internet Archive or Google? Speaking of Google, I’m going to add a robot.txt to my site so that no other search engine will pick it up on their cache. Can I cache the contract of the page, at least?
[quote]Use of a character might be regarded as a “derivative work” for copyright purposes, and the name and likeness of a character might also be subject to trademark law if it is identified in the public mind with one particular company […] and any other use of the character might cause people to believe it’s endorsed by the character owner (and could be considered “tarnishment” if it’s involved in something like pornography that some consider disreputable).
You just hit the tip of the iceberg. But it won’t be Disney or any of the U.S. cartoons - I’m not planning on using any of them. I did mention anime, you know.
[quote]Issues regarding fan fiction and fan art have no consistent case law, probably because copyright/trademark owners are reluctant to go to court against their fans due to the bad PR this causes, so actual cases are few, and are usually settled out of court when they occur because fans have little resources to fight back.
I wrote to Mattail a few days ago, and he said that the way I control my website, in terms of artwork and fanfiction, are well within the law. Probably for the fact I’m trying to keep it clean in terms of content:
I’ll do that, Mattail. Thanks for the thought.
[quote]Wammy - I suggest you start with the copyright owners. Go back to them and get their permission in writing. Make sure there is a “WIIFM” in the deal - i.e. What’s In It For Me? Offer them a % of the sales or subscriptions. This will actually help you as it might give you a stream of great content before anyone else and you will become a publisher for them.
How will that help? My site is not going to be for profit gain. I think that’s where the problem comes into play. Money, money, money…
Might as well get on with the project.
Thank you so much everyone. And thank you, Mattail, for helping me out with this mess.
I may come back and post, but only for web server set ups. By the way, I want to ask some followup questions:
What is Managed Web Hosting?
I heard that you don’t support MySQL as well as other sites because they are run at different servers. How will this affect Coppermine and phpBB or mwForum (which I will include on the server)?
well I didn’t read through all of the posts, way to many, most of the time you can put a page up saying that if the copyright holders don’t like the stuf being up to just tell and you will remove them, thats how most the anime-related sites I know worked, well the non-commercial ones that is
and I know some of them are hosted here on DH
Be careful. I don’t think Mattail is an intellectual property attorney (at least he’s never represented himself as one), so him saying you’re probably okay is a far cry from the question of if you are within your legal rights to post this stuff to your site and most importantly (what I think the original post focused on), if Dreamhost will allow your site to remain up.
From what I’ve seen, Dreamhost is not a host that winks at you and looks the other way. Whether it’s spam or copyright materials, they will bust you hard if you’re on the wrong side of the issue. Do a search on these forums about BitTorrent if you want a better idea about the attitudes the bosses here have.
Whether your site focues on American animation or Japanese anime, international treaties are in place that protects their copyright.
My original advice stands: talk to support ahead of time about what exactly you’re planning on doing and they’ll let you know if you’re okay. Otherwise, you might wake up one day to find out that your site has been pulled down and you’re locked out of your account because Dreamhost has suspended you. I’m not trying to be chickenlittle here, but it’s obvious your site is a labor of love that you have invested a lot of energy in… don’t see it get taken away because you got some wrong advice.
[quote]Do a search on these forums about BitTorrent if you want a better idea about the attitudes the bosses here have.
They don’t allow BitTorrent, as discussed in Dreamhost’s TOS.
[quote]My original advice stands: talk to support ahead of time about what exactly you’re planning on doing and they’ll let you know if you’re okay.
Ouch! I sent a contact memo to Dreamhost a couple months back, and they said it was allowable. I did state hentai on the memo, but I didn’t recall describing my extent of the website, as in what the site’s going to look like. Besides, I deleted the original reply from my Hotmail. I’m going to contact them again, just to make sure. This time, I’ll be more thorough.
For those of you who host adult sites in America, are you aware of what’s been going on? The FBI has shut down at least two sites, Red-Rose-Stories.com and ShadesBeyondGray.com. In the case of Red Rose Stories, their content included fictional pedophilia and bestiality stories, but Shades Beyond Gray did not (theirs was mostly homosexual/bisexual/transgender erotic prose and articles). The government is targeting sites whose content includes threesomes, BDSM, urination, defecation, and other “offensive” content. See these articles (among others):