Forum Section containing Celeb Pics - Adsense ok?

Or should i disable?

[safin]

I run a site which has basically a lot of content ranging from fun, sports and general topics. There is also a forum on the site.

Now one of of the forum sections (not the full forum, there are many other sections dealing with general interest, chit chat, health and science issues) deals with celebrity pics and members keep posting pictures of international celebs, mostly copied from other celeb forums. (None of the images are hosted by us although a small minority are "attached" to the thread.)

Now am wondering if this could be potential trouble with adsense? Its user generated content and some images might be copyrighted. Plus the section is open to guests.

Any advise on the topic. I am contemplating three actions
1) Doing nothing :D (thinking its not hosted by me, is just a small part of a big site and is user generated anyway)
2) Disable adsense ads in that forum. (Just to be safe?)
3) Disable the whole section to guest viewing.

[netmeg]

Its user generated content and some images might be copyrighted. Plus the section is open to guests.

Are the few pennies you might get worth risking your account? I think you probably can figure out the answer.

[safin]

^^ I am thinking on the same lines.
What is advisable though? Disabling adsense there while keeping it open to guests(basically running ad free) or just disable it for guests altogether?

[incrediBILL]

What's advisable is to delete the celebrity pics and stop playing fast and loose with copyright laws. You're just a time bomb waiting for a DMCA notice to explode.

[Lame_Wolf]

And a lot of forum users think it is okay to hotlink from other sites. Just another way of being banned by adsense.

[netmeg]

I don't put MY AdSense account next to ANY content that I didn't gather or create myself.

[martinibuster]

...forum users think it is okay to hotlink from other sites. Just another way of being banned by adsense.

Is hotlinking forbidden by AdSense?

Generally, it is considered fair use when you republish a part of something for the purpose of commentary. In this case the image isn't even taken from the site, it is still on the site. It's simply linked to from another site. Is hotlinking actually taking the image? Or it simply linking to content? Is Google's cache of an image a copyright violation?

[yaix2]

I don't put MY AdSense account next to ANY content that I didn't gather or create myself.

That's the safest way to play it. Especially, I would not put it next to "general topic" forums. You never know what might be posted ...and usually those forums don't pay well anyway.

[Lame_Wolf]

Is hotlinking forbidden by AdSense?

Well, if you are hotlinking to someones copyrighted image, yes.

Plus, theres this from the Adsense TOS...

4. Parties' Responsibilities. You are solely responsible for the Property(ies), including all content and materials, maintenance and operation thereof, the proper implementation of Google's specifications.

I cannot see how anyone can claim "solely responsible for the Property(ies), including all content and materials" if the images are on a completely different site and not owned by the applicant.

Generally, it is considered fair use when you republish a part of something for the purpose of commentary. In this case the image isn't even taken from the site, it is still on the site.

Still on what site ? the original one, or uploaded to forum ? Does the image display on the forum. If so, then it is being hotlinked and therefore stealing someone else b/w.

Then again, we are on about images here, not text. How can you republish part of a picture (without cropping it, as we are on about hotlinking to images) ?

It's simply linked to from another site.

Then that is not hotlinking, is it ?

Is hotlinking actually taking the image?

Yes and no. It certainly screws up Google Images, and loses visitors that would/could have come to your site.

Then there is the question of bandwith theft... and Google TOS #4 and #13

13. Representations and Warranties (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories;

Or it simply linking to content?

That is a different thread. I am on about hotlinking to images. Not linking to content. There is a difference between linking to a page/image on another site, and hotlinking.

Is Google's cache of an image a copyright violation?

Does a Google cache of an image show adsense ? No.
Plus, we were taking about a "Forum containing Celeb Pics with adsense". Last time I looked, Google wasn't a forum. ;)

[safin]

What's advisable is to delete the celebrity pics and stop playing fast and loose with copyright laws. You're just a time bomb waiting for a DMCA notice to explode.

I am not exactly playing fast. Where possible, i legally buy the content that is important for my sites. This was a specific case where i cannot do that.

The section is getting a sizable amount of traffic lately which got me jittery and thats why the question.

I was under the impression that the images hosted on other specialized "image hosting" websites was the responsibility of the image hoster and the uploader (none is me). Again i was under the impression that in areas where i am unsure of content following adsense guidelines, then disabling adsense in those sections would be fine.
Atleast some popular sites do it that way.

Having said that, if this is still illegal, i don't want to put my account at risk for this.

And a lot of forum users think it is okay to hotlink from other sites. Just another way of being banned by adsense.

None of this is hotlinked from any source website. I doubt there is a source website anyway. If an imagehost allows hotlinking, what is wrong? (eg i know tinypic does).

That's the safest way to play it. Especially, I would not put it next to "general topic" forums. You never know what might be posted ...and usually those forums don't pay well anyway.

Which is true. Although mine is a popular site so even though i am getting pennies, the hosting cost is not in pennies. Every penny counts. We do have a strong moderating team though, and i don't allow any new user to upload or post pics.

What you say though is applicable to every forum. On the technology forum i own, we have had trouble with companies writing to us about slanderous remarks posted by members about their brands based on their usage experiences.

[Lame_Wolf]

None of this is hotlinked from any source website. I doubt there is a source website anyway.

I am not sure what your interpretation of "a source website" is, but to me, any site that an image is hotlinked from would be the source.

If an imagehost allows hotlinking, what is wrong?

Then it is down to that companies policy. Some may allow it, some may not. You will have to read their TOS.

Some individual sites will allow you to hotlink, but they normally will have some text in place to let you know what you can or cannot do. Or, they have given you permission to do so.

(eg i know tinypic does).

They may allow hotlinking, but their TOS states...

You represent and warrant that: (i) you own the Content posted by you on or through the TinyPic Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the TinyPic Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the TinyPic Services.

So, if you take from that site, you have to be 100% sure that the person who uploaded it has permission.

TinyPic is part of Photobucket. I have had to get images removed from that site by people taking them from mine.

Do whatever you want to do. All I am doing it pointing out a few things that others may have overlooked.

And another thing about hotlinking... What if I find that you are hotlinking to one of my images. There is nothing stopping me changing the picture to something offensive, rude, or illegal then report your site to Adsense for having adverts that break the TOS ?

No matter how clearly you spell it out to people, some will ignore it. Or, they did it thinking it was okay or wasn't copyrighted.

IMO, if you have no control over the content, then don't put adsense on that page[s].

HTH

[safin]

Point taken.

For now have completely removed adsense from that forum. I can't just remove adsense from other areas of the froum. Don't think there is anything illegal anywhere else.

Btw, someone else raised this issue also, how is google image search different. Yes they are not a forum but they also are giving you a thumb preview of images and i am pretty sure i have seen google image search add ads on top of the result pages too. Isn't that an infringement?

On the hotlinking topic, Won't it be better for a person whose copyright has been infringed to go and ask the original image host to remove the image than to run after the sites where the same image has been linked to. It would be a whole lot easier i think.

[Lame_Wolf]

For now have completely removed adsense from that forum. I can't just remove adsense from other areas of the froum. Don't think there is anything illegal anywhere else.

It's best to play safe, esp that forums do not pay that well generally.

Btw, someone else raised this issue also, how is google image search different. Yes they are not a forum but they also are giving you a thumb preview of images and i am pretty sure i have seen google image search add ads on top of the result pages too.

Google isn't hotlinking though, are they ?

Isn't that an infringement?

Of what ?
If a site doesn't want their images in Google Images, they have the option of blocking the bot. By allowing the bot you are agreeing to allow Google to cache the images on a Google server.

If you do not want any of your own work taken, then do not put it on the net.

On the hotlinking topic, Won't it be better for a person whose copyright has been infringed to go and ask the original image host to remove the image than to run after the sites where the same image has been linked to.

You're assuming that all images come from a few image hosting sites. If I find a site (any site, forum or otherwise) that is hotlinking to my image[s], then I will write to that site and ask them to remove it. If they ignore that, I will go to the host of that site.

The way you are seeing it is that the image came from say, one image hosting site and get them to remove it so others won't hotlink.

It all depends on the site. When i've found people using them on flickr, photobucket etc I write to the person who has taken it. Rarely have I had to take it further than that.

It would be a whole lot easier i think.

Have you seen the loops we have to jump through to get something removed ?
It takes seconds for a hotlinker to add your content to a site, but it takes a lot of work, time, energy to prove you are the owner (or have the rights to use it) then wait for it to be removed. And in a lot of cases, the thieft still has their account. Just a slap on the wrist for them, and unneeded hassle for us.

I had one the other month that was on YouTube. He had taken something from my site (article) that someone else had written for us.

I wrote and asked him to remove it as it was not allowed on other sites. Plus, he left off the details of the author and made it look like he wrote it himself.

The email was ignored, so I wrote again.
Again it was ignored, so I left a heavy letter on his site so others could see it.

He remove my message, but never removed the article.

I then had to contact the author as he is the copyright holder. It is not easy to contact this person, and when he eventually contacted me, I had to spend a long time writing to him explaining it all, where to go to complain etc.

The article is no longer there, but what bloody hassle I had to go through to get it removed.