Picture Hosting Site - Occasional Porn

I want to start a picture hosting site where anyone can post pictures and view any image uploaded by a previous user. What if someone uploads a pornographic picture? What are the legal repercussions of this? I would not have whatever that form that shows the person is over 18 that they need for porn, so could I get in trouble for something like this or not? I, personally, would not be uploading any pictures.

Also, I am in the U.S. and need this to be 100% legal as I am doing it through my company.

 

You need to put a disclaimer, and a way for users to report the image so you can delete it.
Then delete it as soon as possible, as long as you don't allow it, you will be fine.

 

What if I don't care what they upload as long as it is not copyrighted? Would I be liable in that case?

Wouldn't this be the same principle as a video hosting site? I know there are a lot of YouTube clones out there with just adult videos. How can those be legal?

 

i would not be too worries

 

Check this out : hxxp://www.juiceshare.com/
its for 21+ : hxxp://www.pornsexhouse.com/ihost

 

All images have a copyright upon creation. The YouTube clones with adult content either have permission from the copyright holder or are operating illegally.

 

I know. You're right: All works of art have copyright on creation, but I am not asking about copyrighting. I am just curious about the whole nudity thing.

I'm not sure if those are relevant to the discussion, but the links are dead.

 

not really cause someone could rip u from somewere else and there might be a low ammount of someone finding out if your sites small and if u have noticed theres loads of pixel2life.com templates going round thats cause someone ripped them and sent the template out and there loads useing it today and they cant do nothing.

 

I'm sorry, but can someone translate this for me? I've read it three times and still don't understand.

 

devarts - "Not really because someone could rip[steal] yours from somewhere else and there might be a low amount of someone finding out [where the site is at that is stealing] if your site is small, and if you have noticed, there are loads of pixel2life.com templates going around, and thats because someone ripped[stole] them and sent the template out[to other people or places], and now there are loads of people using it today and they can't do anything."

He is basically saying ,If taken, it will be spread. I think he is confused just like you were.

 

i have been ripped lots of times am sorry to confuse you ive just noticed many things over the years with ripped sites getting resold reused and modden and lots of arguments over designs they used to be a gret site open a long time ago called ripperhunting.com not sure if its open but they used to take lots and lots of ripped sites and used to help the owners with the problems

 

just delete the image.

 

I use imagevenue.com when uploading adult pics

 

As I mentioned, I didn't want to do that. I just wanted to know the legalities of it.

And sorry, but this does not really address anything we were discussing. My site would, however, be similar to this.

 

As long as you offer a disclaimer saying this site may not be appropriate for those under the age of 18 (Or 21 in some areas) with a warning that minors should leave you wont have to remove pornographic images, however make sure your host allows porn. Oh and on the note of copyrighted images if someone asks for a copyrighted image to be removed it has to be regardless.

 

Yeah, this is exactly what I was trying to do. Do I need to put the notice before someone even enters the site or can I put it on the bottom where people usually put copyright notices?

But, I was worried I could be liable for people who upload pictures that depict underage people, or even if the actors/models are of age, the uploader may not have that special form you need to have that shows the people in the picture are of age.

My major concern is the people in the pictures, not necessarily the people on the site since I have even less control over that.

 

I run www.picture.im and I don't get abuse. Just get a TOS to protect your self with.

 

To be honest, I thnk it would be a good idea to contact the host you'd be dealing with to open such image host, then you would get the legal point of views from them instead of from us; which in turn is more reliable and accurate.

 

As long as you are not in Thailand, it should be alright. In any case, if there is any reports of any TOS violation, you should investigate and work on it.

Interestingly, the law in Thailand is pretty much on the same where the owner of the site can be prosecuted for what their members do. http://news.asiaone.com/News/Latest+News/Asia/Story/A1Story20080524-66831.html

 

well, that's because the owner didn't see his reported files and just ignore everything.