Copywrite

[twistedtiffany]

Hi,

First I want to say I LOVE this site! I've been a fan for years. I've been thinking of some stories to do on this site.

I have a question though...how can we used these images from other porn sites? Aren't they copywrited? Most of the teases I see use copywrite pictures. Do we have to get permission first? Does the site have to get permission?

I'm just curious how this all works. When I used to sell audios I used to display a picture on the website I used and I needed permission to do so.

Any help in this would be appreciated. :)

[Fledrin]

Someone has discussed this topic extensively in another thread. Since I don't have the link, I'll write up a brief explanation. I'm American, so the information I provide here may not apply to your country.
There are certain factors to determine "fair use," which is the primary way that people use copyrighted material without paying or needing permission. The factors are listed in no particular order, and some are given more weight than others according to the situation.

1) Is the individual profiting? Someone's use of copyrighted material for monetary compensation often requires permission from the copyright holder, sometimes with a fee. It's possible for someone to profit off of using copyrighted material without obtaining permission, but that relies on the other factors. If the purpose of the appropriation is aside from profit, then it leans more towards fair use.

2) Is the individual's use transformative? The word "transformative" has a flexible meaning, but it means that the author using the copyrighted material has done something with it so as to change its substance. This is why people can't just post videos from premium sites without incurring a penalty or having the video removed; the person hasn't done anything to change the video by sharing it with others. However, in the case of something like Cock Hero, one could make the argument that the way the clips are used changes the context of the video in such a way as to make it something different. Webteases can also be given a similar argument; the pictures people use for webteases take on a new meaning when applied to the webtease. But, just because something is "transformative" in nature does not necessarily mean it will avoid copyright infringement.

3) Does the individual's creation compete with the copyright holder's? Essentially what this question asks is if the person who has used the copyrighted material has done something with it in such a way as to make the original obsolete. The obsolescence doesn't have to be absolute; if the material takes away from the copyright holder's profit of the original in a significant way, then a copyright infringement claim gains more traction.

4) What is the nature of the copyright? This deals with the inherent qualities of the original material, and I don't understand its significance too much.

The above are factored into decisions about copyright and fair use, along with other factors I haven't covered or don't know about. For Milovana, the site is small, the creators don't gain profit, and the webteases can be seen as transformative. Therefore, I don't think you need permission to use pictures in webteases. Be original, don't sell your creation, and I think you'll be fine.

[Banquo]

We actually have a partnership with Kink.com to use some of their images in teases. Authors are asked to click a disclaimer asking to confirm they have permission to use the pictures in their teases. It's dealt with on a trust basis.