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Message # 3935.3.1.1

Subject: Hello Re: Re: Re: Guidelines on copyright, revised 2003, producers please comment

Date: Mon 02/06/03 01:03:44 GMT

Name: MK us

Email: wamtec@compuserve.com

Website:

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Well...if we had such a guild, it could be an effective way to deal with that issue of bad faith customers too....cos I know I have been ripped off many times by customers who wrote me bad checks or used a stolen credit card too. This was less of a problem 10 years ago, cos the scammers were less inclined to do such things, cos 10 years ago, they had no other place to get their jollies except from me or Rob Blaine in North America, or from Roger, Bill, Brian, David, Mike & Nigel in the UK...so folks were less inclined to want to try such things, cos they had no place else to go...once they burned their bridges and ripped off one of us....they had no choice but to get castrated and join a monastery...cos they were not gonna get their jollies off our stuff.

 

However...these days, when you have some 300 to 400+ wam video producers now making all kinds of wet & messy videos, then fraud is more common, cos a person can easily rip off one producer and then not care about getting their jollies from that person's stuff again...cos there are dozens of other new wam video companies they can just waltz along to try their next scam on.

 

As you know...Rob Blaine set up the Producers E-groups mailing list several years ago...but that fell into dis-use and was not really that effective as a tool for circulating "watch list" names for bad apples to look out for...cos who can remember so many names anyways. Each producer can only remember the worst offenders who ripped them off in the past due to bad checks or stolen credit cards (I have my "top 40" list of people who scammed me..I am sure every producer has their own lists too).

 

Having a guild could not only address basic standards...such as copyright observation, fair compensation to models, legal issues to be aware of (e.g. bbfc, model release requirements, differing age laws in differing countries)...but could also be set up as a private members only forum (guild members only) online database for us to input data on scams and watch list names...i.e. a searchable database, so that if a customer contacts you and you don't feel things look right...you could check to see if their name was in the database of known scam artists who have already perpetrated frauds on other producers.

 

A guild would also be a better way to make general announcements to all producers...on how to deal with the ever changing legal climate or rule changes that affect how we operate. A good example of that being...the new rules now banning paypal from being used for ordering adult products....almost every wam producer now has this problem to deal with...and rather than individual postings from folks like Brian and Tim and others who have tried to offer suggestions...it would be easier if things like this all came down from a central source. Cos right now....about half of the wam producer have no clue about this new change in paypal rules...and the other half that DO know about it...have no clue about how to effectively deal with it...cos there does not appear to be ANY worthwhile alternatives to paypal at this point. So...we would ALL like to know if there are affordable credit card service options to paypal that WILL accept adult businesses as merchants..at a REASONABLE rate. From all the research I have been trying to do on my own..I cannot find anything that compares to what Paypal was offering (in terms of fees). All the major credit card service companies define adult video business as "high risk"...which is a fancy euphamism for saying..."I am gonna charge you the earth for credit card services...i.e. they want 11 to 13% of your monthly sales income...forget it.

 

Other services that are similar to paypal...are not "global" as paypal is/was. The Nochex service is great ....but only if you are based in the uk and dealing with uk customers. The Moneybookers service Brian refers to sounds interesting...but their web sure is convoluted and appears to be totaly "euro" oriented and not really geared for North American use.

 

It sure would be nice to have a guild website and for somebody to post a notice warning about paypal usage, and offering producers a list of viable alternatives (i.e. a credit card service that does not want the entire shirt off your back).

 

Having a guild crest on your website would also give the consumer some assurance that they will receive the best service...e.g. I have shipping guarantee policies in place....i.e. if any shipment gets lost in the mail or seized by customs...I will replace that order free of charge if it does not arrive after 4 weeks have elapsed. And if any tape or dvd they receive is defective or damaged in the mail..I replace that free of charge too. Most producers have similar policies too....and so if there was a guild...the guild should require each wam producer to offer such protections to the consumer too...in order to earn their seal on their website.

 

Therefore, I am not quite sure if FAWT is really the right motto...cos copyright issues are merely one facet to deal with...a guild should also address such things as models rights, and consumers rights too.....so I would keep it shorter and a more general and a blander acronym...like AWP (the Association of Wam Producers).

 

The irony is....the only website that currently tries to define what are the "quality" wam producers & websites...is Chainsaw John's WAM Awards website...which is just a bit of fun, and has about as much credibility as the Nickelodeon tv awards have in comparison to the Oscars.....but at least his site is fairly accurate from a consumer standpoint...cos the sites he lists are those that appear to be popular with the consumers...so a really bad website who treated it's customers poorly (like the spate of German wam sites we had in the last 2-3 years that collected money from people and never delivered what they had advertised)would not get lots of votes on his site.

 

 

MK

In reply to Message (3935.3.1) Note Re: Re: Guidelines on copyright, revised 2003, producers please comment

By crazygirlsbrian - webmaster@crazygirlsinternational.com ar Sun 01/06/03 23:40:33 GMT

Website: http://www.crazygirlsinternational.com


I had an email from another producer saying that he knew someone who had bought his tapes (copies) and would not say who from.

Perhaps all wam producers should have a joint blacklist of people known to do this, as well as those who have defaulted on payments, so we can all protect each other by putting the few rogues in a this position...  screw one of us and you are banned from getting wam from all of us.

 

Love the idea of the FAWT - know anyone who can design a catchy logo, and perhaps a SHORT phrase to go with it.

In reply to Message (3935.3) Question Re: Guidelines on copyright, revised 2003, producers please comment

By Nigel - nigel@wetlook.com gb Sun 01/06/03 20:14:22 GMT

Website: www.wetlook.com


Hi Brian,

 

Item 2 needs amending, I'm not quite sure what "(a mere statement that they are taken by Minx actually makes copyright more difficult to enforced against anyone who downloads pics from your site and puts them up elsewhere.)" is getting at ? And "Minx" should be replaced with "A producer's Name".

 

Also, to further Kev's comment, some third party "content providers" sell pictures en masse.  Sites can pay royalties to these sites to use the pictures on their own sites, but they may well be paying for pictures that the seller does not actually have the rights to.  It is the responsibiliy of the final purchaser to ensure that the supplying site really does own the rights to the pictures.

 

When the guidelines are 'finalised' please email me a link, and I'll put it in the forum header.

 

And I like MK's idea of a 'guild', with a displayable logo, how about FAWT - Federation Against WAM Theft ?

 

Nigel

In reply to Message (3935) Info Guidelines on copyright, revised 2003, producers please comment

By crazygirlsbrian - webmaster@crazygirlsinternational.com ar Sun 01/06/03 00:50:39 GMT

Website: C:\Sites\cgbabecom\postingrules.html


These guidelines were first agreed by the main wam producers 3 or 4 years ago.  The additions at the bottom were agreed 2 years ago by the producers who responded to a big debate within the wetlook forum at that time.

 

To messmaster, can I suggest amending the text on the Classifieds forum (Please, do not trade tapes if the tape is from a wam producer.) to include ANY material from a Wam Producer, including tapes, CDs, DVDs, pics and video clips without the permission of that Wam Producer.

 

These are the guidelines I and some other WAM and Wetlook producers have agreed to and use, but you should check with the producer concerned before using ANY of his/her material.

Following the debate about Chainsaw's CD, I have suggested some amendments at the bottom of this document...

 

The revised document can be found at http://cgbabe.com/postingrules.html

 

THE GUIDELINES  (circa 2001)

 

Some years ago, Rob Blaine, myself and several others got together (by email) to discuss our position on use of our pictures on other sites.

The result can be summarised as follows...

1) Technically, ANY use without specific permission is infringement of copyright (with certain exceptions as the law allows), therefore we reserve the right to have any pics removed whether or not their use complies with these guidelines.

 

2) We do not object to a collection showing some of our pics provided that they are clearly marked with our copyright and URL. (a mere statement that they are taken by Minx actually makes copyright more difficult to enforced against anyone who downloads pics from your site and puts them up elsewhere.)

 

3) Any credit, link or copyright notice should be WITH the pictures, not elsewhere on a page or site.

 

4) Where the producer has printed his/her copyright and URL on the pics, this must not be removed, obscured or made unreadable or less readable.

 

5) The number of pics from one producer or picture set should not be so many as to make it not worthwhile for a surfer to go to that producers own site. (My own personal guideline is 2 pics from any one set or between 10 and 15 from my sites in total, depending on the size of the collection site it is on, so that pics from any one producer should not form an unduly large part of a collection site, otherwise it isn't really a collection site at all.)

 

6) No pics from a pay-sites members' area should be used without SPECIFIC permission.

 

Two new guidelines (added circa 2001).

7) no use on paysites, whether in a chargeable area of the site or not, without the SPECIFIC permission of the producer. Paysites include sites where payment is made in kind, by uploading pics or video clips to get access or membership.

 

8) any video file such as avis, mpegs should ONLY be used with SPECIFIC permission, especially as they are so difficult or impossible to put a logo, URL copyright notice on.

 

Brian

 

Amendments..

Correction to Guideline 6...

This should read "Nothing from a pay-site's members' area should be used without SPECIFIC permission."

 

New guideline 9)

No commercial use whatsoever without SPECIFIC permission.  For the avoidance of doubt commercial user includes any use for payment, regardless of whether a profit is intended or made, or any use by a business, or in conjunction with something else which is sold.  (This is to cover situations similar to including a free CD of pictures taken from WAM producers bundled with something else which is paid for.)

 

Brian Grove, LL.B., webmaster, http://www.crazygirlsinternational.com

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