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05-08-2016, 12:30 PM
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#16
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Pending Age Verification
User ID: 216838
Join Date: Nov 22, 2013
Location: New Orleans
Posts: 15
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This is rampant now and continues because there is no one willing to move forward legally. The best way to avoid is to water mark your images to say something like "Not pro Back page or Not A Monkey____ Advertiser" (whatever the name) . This is a classy way of protecting your brand. Last year a site named Adult fax went down. My profile had some other girls link attached that was not mine nor my images. When unasked them to remove and I proved who I was, they'd take down then put the link up again. So she had access to my review too. When I asked them to remove my profile they refused. They were getting sloppy and very biased for clients who were trashing girls regularly. Then they went offline and threads on Reddit appeared to expose the site for being an agency that also stole girls photos.
I contacted over 30 providers and told them and some in turn wrote the site. It's very important to have support within our circle.
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05-08-2016, 02:10 PM
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#17
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Account Disabled
Join Date: Jul 9, 2013
Location: Houston TX
Posts: 788
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Quote:
Originally Posted by ck1942
The best defense, such as it is, from the grab 'em sites is thin at best. But, watermarking your photos so that wherever they may appear legit players can always find you might help.
Putting your contact data only in your signature or showcase causes more work for the grabbers.
There are aslo more private options, such as having your own website and other options not available here that might help.
Providers must be diligent to avoid the imitators, but it is often more work than some are willing to invest.
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Watermarking is the best way.. especially if the mark is diagonal from one lower corner to the opposite upper corner.
The program I use to watermark my photos is VisualWaterMark.
here is their site
40 dollars for the premium package is cheap since you can add unlimited watermarks so that your name, contact info etc is all over it thus making it an editor's nightmare to remove
And this program is super easy... drag photos into the template, edit the wording/font/color/location of WM, choose output folder and let er rip! Does about 50 photos a minute.
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05-08-2016, 03:05 PM
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#18
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Premium Access
Join Date: May 24, 2015
Location: Corpus Christi
Posts: 342
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I'm not sure whether it helps or not, but paragraph 18 of the Eccie terms of use state that anything you upload to the site becomes the exclusive property of Eccie. If other sites steal images, etc. from Eccie, then Eccie could go after them. I suspect that might have a more significant impact, as Eccie could complain about dozens, maybe hundreds, of violations, which might be more of a problem for the stealing website. Of course, all this depends on Eccie having the will to do so, and I don't know what negative ramifications, legal or otherwise, there might be for Eccie to do so.
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05-08-2016, 03:18 PM
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#19
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Account Disabled
Join Date: Jul 9, 2013
Location: Houston TX
Posts: 788
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Quote:
Originally Posted by tandyscone
I'm not sure whether it helps or not, but paragraph 18 of the Eccie terms of use state that anything you upload to the site becomes the exclusive property of Eccie. If other sites steal images, etc. from Eccie, then Eccie could go after them. I suspect that might have a more significant impact, as Eccie could complain about dozens, maybe hundreds, of violations, which might be more of a problem for the stealing website. Of course, all this depends on Eccie having the will to do so, and I don't know what negative ramifications, legal or otherwise, there might be for Eccie to do so.
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Might want to recheck the legalities there.. if I watermark and put my registered copyright mark on the photo then upload it here, I still have legal rights to pursue anyone who steals it from Eccie..
Look into the laws that protect photographer's and model's content..
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05-08-2016, 06:53 PM
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#20
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Valued Poster
Join Date: Jan 8, 2010
Location: Dallas, Texas
Posts: 3,834
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What's the link to the Eccie's terms of use?
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05-08-2016, 06:58 PM
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#21
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Premium Access
Join Date: May 24, 2015
Location: Corpus Christi
Posts: 342
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Quote:
Originally Posted by Mr. GPop
Might want to recheck the legalities there.. if I watermark and put my registered copyright mark on the photo then upload it here, I still have legal rights to pursue anyone who steals it from Eccie..
Look into the laws that protect photographer's and model's content..
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The laws only protect you if you do not give those rights up. Eccie terms of service state (emphasis added):
Quote:
you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, register for copyright protection, sue for damages for infringement, and otherwise exploit such Communications, in all media now known or hereafter developed.
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Paragraph 6 of the ToS states:
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All materials contained on the Web Site are protected by copyright, and are owned or controlled by Company.
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I'm not a copyright lawyer, so I don't know how those terms would be interpreted in court, or if certain laws would supersede them, or if they are even enforceable in court. On the face of it, however, it looks like you still own the copyright, but you have given up any rights you have to use the material when you upload it to Eccie. In fact, this might mean that Eccie could sue you if you upload material to Eccie and then use the same material elsewhere. Maybe you have already done so, but if you haven't, I would recommend that you have a good copyright lawyer review the Eccie terms of service and advise you what rights you retain to work that has been uploaded to Eccie.
That all kind of misses my point, however. If Eccie has some legal right to the material, Eccie could pursue action against other web sites that steal material from Eccie. IMO, Eccie would be a weightier opponent than individual complainants because more of Eccie's material is being stolen than any one individual provider.
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05-08-2016, 06:59 PM
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#22
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Premium Access
Join Date: May 24, 2015
Location: Corpus Christi
Posts: 342
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Quote:
Originally Posted by ShysterJon
What's the link to the Eccie's terms of use?
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http://www.eccie.net/misc.php?do=tos
It's also listed in the menu on the home page.
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05-08-2016, 07:03 PM
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#23
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Valued Poster
Join Date: Jan 8, 2010
Location: Dallas, Texas
Posts: 3,834
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Quote:
Originally Posted by tandyscone
...paragraph 18 of the Eccie terms of use state that anything you upload to the site becomes the exclusive property of Eccie.
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Hold on... where in the Eccie TOS does it say anything posted here becomes Eccie's property to the exclusion of all others?
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05-08-2016, 07:13 PM
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#24
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Premium Access
Join Date: May 24, 2015
Location: Corpus Christi
Posts: 342
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Quote:
Originally Posted by ShysterJon
Hold on... where in the Eccie TOS does it say anything posted here becomes Eccie's property to the exclusion of all others?
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Sorry, I corrected that in my second post. It doesn't become Eccie's property. What does happen, however, is you grant a "perpetual, worldwide, irrevocable, unrestricted, exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, register for copyright protection, sue for damages for infringement, and otherwise exploit such Communications". The Communications in question include uploading files as well as every other method of posting to the web site that I (and probably Eccie's lawyers) can think of.
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05-08-2016, 07:27 PM
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#25
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Valued Poster
Join Date: Jan 8, 2010
Location: Dallas, Texas
Posts: 3,834
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tandyscone:
1. I think both your first and second posts overstate Eccie's rights under its TOS.
2. Why mention Eccie suing other websites when they post a provider's photo when that will never happen?
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05-08-2016, 07:58 PM
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#26
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Premium Access
Join Date: May 24, 2015
Location: Corpus Christi
Posts: 342
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Quote:
Originally Posted by ShysterJon
tandyscone:
1. I think both your first and second posts overstate Eccie's rights under its TOS.
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Would you care to explain what a "perpetual, worldwide, irrevocable, unrestricted, exclusive" license is then? As I said, I don't know how it would play out in court, but I think it is pretty clear that Eccie is trying to claim very broad rights to anything you post.
In a couple of threads about sharing ROS with providers, people who have asked the moderators if it is OK report that the moderators said that if the share the ROS before they post to Eccie, it is OK, but once they post it, they no longer have permission to share it with others. That seems to indicate that Eccie understands the ToS to be pretty restrictive.
Quote:
Originally Posted by ShysterJon
tandyscone:
2. Why mention Eccie suing other websites when they post a provider's photo when that will never happen?
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Well, in my profession, I spend a significant portion of my time imagining, thinking about, and preparing for things that are never going to happen, or are very unlikely to happen. I believe this is at least the third time that a thread on this topic has been started. They all seem to run the same with the same suggestions. I thought perhaps if I posted something radically different, it might spur others to do the same. Is it likely to happen? No. Is it worth talking about? Obviously I think so.
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05-08-2016, 08:19 PM
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#27
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Valued Poster
Join Date: Jan 8, 2010
Location: Dallas, Texas
Posts: 3,834
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'License' is a legal term with a specific meaning. We're not discussing licenses here.
Feel free to imagine things. Post them even. Just don't expect anyone else to have the time or interest to discuss something that will never happen.
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05-08-2016, 08:40 PM
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#28
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Premium Access
Join Date: May 24, 2015
Location: Corpus Christi
Posts: 342
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Quote:
Originally Posted by ShysterJon
'License' is a legal term with a specific meaning. We're not discussing licenses here.
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This thread is about rights to photographs (and profile information) and protecting those rights. If Eccie TOS includes a license governing use of the material, it seems to me that licenses are germane to the discussion.
Quote:
Originally Posted by ShysterJon
Feel free to imagine things. Post them even. Just don't expect anyone else to have the time or interest to discuss something that will never happen.
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I'll take that under advisement. My post, however, elicited 5 responses, 4 from you (thank you). That's more than most of my posts do.
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05-08-2016, 09:50 PM
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#29
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Account Disabled
Join Date: Jul 9, 2013
Location: Houston TX
Posts: 788
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The one thing I am curious about is does Eccie strip the Exif & Meta data out of the photos when you upload them? (this is hidden data that can contain copyright information, the camera make and model, its serial #, lens information, shutter speed, aperture setting.. IE all the info about the photo and then some that can be traced back to the person who owns the camera.)
I have only had to use this info against someone once.. they said I did not take the photo but when we ran the photo through IRFANview with the Exif/Meta data plugin it showed my camera's SN with who it is registered to etc..
But there are some sites that when you upload the photo, before it is posted to the site that data is stripped out which makes it easier to steal
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05-09-2016, 03:00 AM
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#30
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Account Frozen
User ID: 323525
Join Date: Nov 12, 2015
Location: mission texas
Posts: 93
My ECCIE Reviews
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Yes it is true...so that's who it is!!!
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