A Disclaimer does NOT protect you from copyright infringement!

This article is primarily for people who are trying to make money in the #nsfw category

When an artist takes a photograph or video of a model, that photograph and the rights to copy and distribute it belong to one or more of three parties;

1. The model
   If the photographer is not a professional, or if the photo release includes it in the terms, the photograph belongs to the person pictured in it.

2. The photographer
   As an artist, the photographer makes a living by producing art. As such, the work created by the photographer belongs to the photographer unless it was a work for hire.

3. The agency
   Sometimes a model or photographer will grant rights to an agency in exchange for financial compensation.

Unless it is in the public Domain (CC0) or you PAID to use it, you cannot legally use it

There are steep fines (In the US up to $15,000 plus actual damages) and jail time (up to one year) for using property that you do not have the owner's permission to use.

These "disclaimers" are basically an admission of guilt that you stole something that is not yours to use.

How do you avoid fines and jail time?

There are several things you can do if you want to make money on images ...

1. TAKE YOUR OWN PICTURES
   Wow, there's a concept ... you can actually learn to use a camera pay for time with models, get a photo release and title 18 compliance record and take your own pictures.

2. GET PERMISSION
   Many sites including MET Models and Suicide Girls provide affiliate programs or promotional images. If you do a little looking around on the websites and contact the right people you can get a limited use copyright release.

3. DO NOT USE IMAGES FROM GOOGLE, INSTAGRAM, FACEBOOK, etc ...
   Most of the time these photos are shared either by the person who created them, or stolen from professional sites. Stealing something that is stolen does not make you any less guilty.

How would you feel?

Stop and think for a moment. If I came into your workplace, and collected your paycheck leaving your boss with a note that said "Disclaimer: I found Bob's work on his desk", what would you do? I'm guessing you'd be pretty pissed that you were working but I was getting paid ...

TLDR; Disclaimers are an admission that you are a thief. Don't do it

Original Stock Image by me