Wallpaper Site, Legal Issue, Please Help

Discussion in 'Legal Issues' started by davidmethew, Dec 17, 2009.

  1. #1
    I am starting a Wallpaper site, I know there's already countless thousands of such "free wallpaper" websites already existing, but I thought it'd be fun to start one myself.

    I could probably find heaps of wallpapers to put on the site by searching through google and stuff like that, but are there any copyright issues that I need to be aware of?

    Should I only use wallpapers that are explictly declared as "royalty-free"/stock, or whatever? Or is it sufficient enough to just use ANY wallpaper I can find?

    Of course if anyone complained about an image, I'd delete it. (Report Buttom)
    Also, I have added a line "ll backgrounds are copyrighted to their respective owners. Commercial use is strictly forbidden."

    Thanks in advance for your insights.
     
    davidmethew, Dec 17, 2009 IP
  2. etc

    etc Well-Known Member

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    #2
    i'm not sure still but there are lots of you. and i guess its legal. after all you're just sharing it just like what everyone did with thier wallpaper site.
     
    etc, Dec 17, 2009 IP
  3. davidmethew

    davidmethew Active Member

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    #3
    thanks etc for your reply, I am waiting for other DP honorable members for detailed reply.
     
    davidmethew, Dec 17, 2009 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    You must have express permission from the copyright owner to use any wallpaper. Adding a disclaimer that you will remove infringing material, or that they are not for commercial use, will not get you off the hook. "Royalty Free" does not mean free to use.

    Other sites may have created the wallpapers, obtained or purchased permission to use, or are just hoping they won't be sued.
     
    mjewel, Dec 17, 2009 IP
  5. wptheme

    wptheme Well-Known Member

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    #5
    Just to add a bit, from a practical purpose unless its a pretty famous personal or celebrity involved most image owners will send a note for you to take down that certain image rather than pursuing for a suit. But why not stay on the safe side and make your own unique wallpapers that can only be available at your site. Thats what differ between a great top quality wallpaper site to just another common site.
     
    wptheme, Dec 17, 2009 IP
  6. davidmethew

    davidmethew Active Member

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    #6
    Thanka WPtheme,
    Now question arrises that how to know that a wallpaper is copyrighted or not, Most wallpapers / wallpaper packs dont have (c) symbol on them.
    Should I add some DCMA notice or something like this... I really don't want to be on the illegal side.
     
    davidmethew, Dec 18, 2009 IP
  7. davidmethew

    davidmethew Active Member

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    #7
    davidmethew, Dec 18, 2009 IP
  8. davidmethew

    davidmethew Active Member

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    #8
    I also bought a wallpaper pack

    # 40 Beautiful Girls Wallpapers
    # 100 Celebrity Girls Wallpapers
    # 1000 Hot Celebrities Wallpapers
    # 1000 HOT Girls Wallpapers
    # 30 Top Models Wallpapers
    # 20 Sexy Girls HD Wallpapers

    like this folder structure, I can use them as I bought them... isn't that so ....?
     
    davidmethew, Dec 18, 2009 IP
  9. Jeehan

    Jeehan Well-Known Member

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    #9
    naah there will be no problems. place a contact email so if anyone wants to remove any image so u can remove it. Otherwise everything will be cool unless a bad fate! ;) i own many wallpaper sites never faced a single problem. good luck. and dont waste money on buying wallpapers you can find them free everywhere
     
    Jeehan, Dec 18, 2009 IP
  10. davidmethew

    davidmethew Active Member

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    #10
    thanks Jeehan's reply,
    any other suggestions will be also welcomed
     
    davidmethew, Dec 18, 2009 IP
  11. davidmethew

    davidmethew Active Member

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    #11
    any serious advice please
     
    davidmethew, Dec 18, 2009 IP
  12. necroz

    necroz Peon

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    #12
    If you run wallpaper community site where wallpapers are uploaded by members, I think that may free you from liability. But you must have official abuse contact and take all abuse messages seriously.
     
    necroz, Dec 18, 2009 IP
  13. wptheme

    wptheme Well-Known Member

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    #13
    wow.. nice piece of suggestion here, thumbs up!
     
    wptheme, Dec 19, 2009 IP
  14. markzero

    markzero Peon

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    #14
    If you take wallpaper from some site, check their tos or rules, if they say it's free to distribute then it's free
    Also, if you need an idea, try to find some to post their works, like from devianart or smtng ;)
     
    markzero, Dec 19, 2009 IP
  15. davidmethew

    davidmethew Active Member

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    #15
    really nice advice by necroz, highly appreciated, I am also planning to run a forum site along with the main wallpaper site.
     
    davidmethew, Dec 21, 2009 IP