A Newbie Question ...

[LabourPains]

Hi there. I am hoping for some advice.

I am involved is setting up a new business where part of the content is going to have an adult aspect. I've read the basics about copyright but there is 1 thing that I'm really not getting. If I wanted to use an image or images on my site where the image producer/copyright holder was known (say they had their name embedded in the image), then I could obviously approach them, request and hopefully enter into some sort of agreement with them.

But here is the bit I don't get ... there are literally thousands of web sites out there hosting what must be millions of images where the originator or copyright holder is not known and you have no way of finding out who they are.

How come these existing sites are able to host all this content without getting the copyright owners agreement?

Is there something here I'm missing?

Appreciate any advice you can give.

[AndyJ]

Hi LP
Many sites of course will have taken their images from other, legitimate, sources and will be relying on the copyright owner either not finding them or deciding it isn't worth the cost of pursuing the infringers if their servers are based in countries which do not operate a take-down notice system, such as applies in the EU and USA, or where the enforcement of copyright is expensive or difficult, or both.
But it could also be the case that some sites have licensed the use of the images from either the copyright owner or an agency acting on his behalf. Most of the time, we as third parties won't know which business model applies.
As for you trying to find the copyright owner to get permission to use their work, you can use image search engine such as TinEye, GoogleImage or a number of others to try and track down a site which does have the copyright information. I assume that you already check the metadata embedded in images you are interested in and aren't just relying on finding a visible watermark.
However if both of those methods fail, then unfortunately there is little else you can do to reliably find the copyright owners. I would suggest that if you are looking for specific content, try contacting a photographer whose work you already know and see if he would be interested in setting up a supply contract with you. Alternatively there are lots of agencies and brokers who deal in images, especially for the adult market.

[LabourPains]

Hi Andyj - thanks very much. Excellent advice.