Wallpaper site....

Discussion in 'AdSense' started by Jeehan, Dec 14, 2007.

  1. #1
    I am creating a wallpaper site. And i'll add adsense ads on the site. I will collect wallpapers from different sites and upload them to my host. I wont remove the "wallpaper by www.******.com or wallpaper by ****** " and i'll say all the credits goes to the respective owner. Can i do that? Will google ban me for copyright issue? :confused:
     
    Jeehan, Dec 14, 2007 IP
  2. cong

    cong Peon

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    #2
    yes you can
    but try to collect non copyrighted wallpapers
    and try to put some original wallpapers.

    good luck my friend
     
    cong, Dec 14, 2007 IP
  3. Jeehan

    Jeehan Well-Known Member

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    #3
    Thnx cong. If theres no copyright sign then its not copy protected right?
     
    Jeehan, Dec 14, 2007 IP
  4. cong

    cong Peon

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    #4
    cong, Dec 14, 2007 IP
  5. Crusader

    Crusader Peon

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    #5
    NO, this is simply not true. All the wallpapers will most likely be copyrighted and even if you leave the site URL on the wallpaper itself and say that credits go to the respective owners, you will still be infringing their copyright.

    You can't just go around gathering wallpapers and then use them on your site.

    The only way you can use the wallpapers is to get in actual contact with the person that created that wallpaper and get their permission first!

    Also read this thread to better understand copyright issues.
     
    Crusader, Dec 14, 2007 IP
  6. cong

    cong Peon

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    #6
    It is not condition but to be in safe side put this statements in all pages of wallpapers

    Disclaimer: If any image is subject of copyright please contact us and we'll remove it immediately.

    and put link to contact you
     
    cong, Dec 14, 2007 IP
  7. Crusader

    Crusader Peon

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    #7
    No, that's not true either. Any creative work (including wallpapers) are automatically copyrighted as soon as they are fixed in a tangible form (a digital JPG file). A copyright notice is not required to show that something is copyrighted and a lack of a copyright sign does not mean that it is not copyrighted.
     
    Crusader, Dec 14, 2007 IP
  8. Crusader

    Crusader Peon

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    #8
    That disclaimer will not provide any protection. The copyright holder could be polite and contact you, but if they don't want to bother and depending on how much they value their work they can immediately have their lawyers send a C&D letter, charge you a usage fee for their work, file DMCA complaints with your site host and most search engines and get the site removed from search results (for results that show the copyrighted works).
     
    Crusader, Dec 14, 2007 IP
  9. Jeehan

    Jeehan Well-Known Member

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    #9
    I am confused so can i use those protected and unprotected wallpapers on my site and its safe for adsense?
     
    Jeehan, Dec 14, 2007 IP
  10. cong

    cong Peon

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    #10
    you are right Crusader but I watched a lot of sites that put adsense and use wallpapers that is copyrighted to others
     
    cong, Dec 14, 2007 IP
  11. cong

    cong Peon

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    #11
    what about site like that
    http://www.beautifulwallpapers.com/

    this site put adsense and in the first page in google when you search about "wallpapers"

    Note that this site contain copyrighted wallpapers
     
    cong, Dec 14, 2007 IP
  12. FanAddict

    FanAddict Notable Member

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    #12
    I applaud you for trying to get through to people on here about copyrights, etc.

    When I first started out with celeb sites.... I was totally dumb to what was copyrighted and what was not.

    Since then I have tried telling people it is NOT OKAY just to go to a website, grab their image and stick it up.
    Most say... "well it's on 50 other websites.. it must be OK" - that doesn't work in court.

    Anyways to make a long story short - I gave up. Some users on DP just don't CARE until they are slapped in the face with a 150K per image lawsuit.

    Save your breath my friend!!! ;)
     
    FanAddict, Dec 14, 2007 IP
  13. Crusader

    Crusader Peon

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    #13
    The short answer is no. If you don't have permission from the copyright holders you can't use the wallpapers on your site. Even if 50 other sites use the image it doesn't mean that it's the right thing to do... and you never know which agreements those sites have with copyright holders.

    Of course you can go ahead and use them at your own peril. Just understand that you run the risk of having DMCA complaints lodged against you, being sued for damages, getting involved in legal disputes, and finally getting banned from Adsense if and when a copyright holder takes things seriously to take it up with Adsense, losing out on the huge potential for generating revenue in the future.

    It's up to you whether you want to take that risk.

    Take the time to read the Legal issues forum and educate yourself, and then make your choice accordingly.
     
    Crusader, Dec 14, 2007 IP
  14. cong

    cong Peon

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    #14
    This reply is very useful to you jeehan
     
    cong, Dec 14, 2007 IP
  15. cong

    cong Peon

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    #15
    What about sites that users upload wallpapers not the admin of the site ?
     
    cong, Dec 14, 2007 IP
  16. Jeehan

    Jeehan Well-Known Member

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    #16
    yes thats true "cong" i think i'll contact wit the admin of those site. but how many.....there are many wallpaper sites
     
    Jeehan, Dec 14, 2007 IP
  17. Crusader

    Crusader Peon

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    #17
    Same problem. You'll have to ensure that you have measures in place to verify and address any copyright issues. This just makes it much easier to run into copyright issues since many users won't even know that copyright plays a role and could upload loads of copyrighted images.

    You do get some form of protection under the DMCA Safe Harbor clause (if you are in the US) which would protect the site from liability for the action from their users. However for this to be in affect you'll have to have an officially registered copyright agent with the US copyright office and conform to all the safe harbor provisions.

    Some webmasters try to use this as a loophole in copyright issues, but the site can still be held liable especially if they don't employ proactive measures to ensure that no copyrighted material is uploaded to the site - most of them don't meet the safe harbor requirements.

    As the admin of the site you will still be responsible to ensure the content of your site meets copyright requirements.
     
    Crusader, Dec 14, 2007 IP
  18. cong

    cong Peon

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    #18
    I think after useful replies of Crusader that you should do Now is

    - you should have your own original wallpapers " that you made it and you have all the copyright of it .

    - or you should have permission from the original owner of the wallpaper you collect it
     
    cong, Dec 14, 2007 IP
  19. cong

    cong Peon

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    #19

    what about photo sharing sites like flickr ?
     
    cong, Dec 14, 2007 IP
  20. Crusader

    Crusader Peon

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    #20
    Same thing. Read the Flickr Terms and conditions and you'll see that they have quite an extensive section on copyright. And that each user has to agree to the terms. They also have measures in place to handle copyright issues and more specifically they have a Registered agent, so they DO qualify for Safe harbor. And of course don't forget that they most certainly have a very good legal team (and budget!) to handle things.
     
    Crusader, Dec 14, 2007 IP