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Thread: Legal action against copyright violators futile?

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    Veteran Member Sinna (2pee4you)'s Avatar
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    Default Legal action against copyright violators futile?

    Hello,

    I imagine this scenario: Someone bought my clips and is opening a clip store to re-sell. I somehow find that store and file a DMCA takedown request. Since the owner is knowingly spreading my clips, he/she won't take them down. What happens next?

    Second scenario: The person uses a third party site, which is immediately taking care of my pirated clips and deletes them, maybe even banning the person that re-sold my clips there. What happens next? Does anyone actually legally pursuit the person if I don't do it?

    Now let's assume I pursue it. I file a complaint against this "unknown" person and it's being investigated. What would the value of the stolen/pirated goods have to be for anyone to seriously look into this, finding out ip addresses, investigating through the ISP etc.? I know they go all the way for murder or multi-million dollar tax fraud - but for small copyright violations?

    Let's assume they locate the person and find all necessary evidence. What would happen? Would any court even try him/her? Would I be getting paid back my damages, like $56.77 or something like that? I know that sounds like a joke, but what can realistically be expected to happen to the person?

    How I came to wonder was this: every time I file a takedown request and the site deletes my clips, nothing happens to the actual pirate. I was wondering if anyone in the world sat at a desk and had the job to actually fight online copyright violators without being made aware. Because as I see it the moment, people can violate all they want. When they get caught, all they have to do is remove the material of that 1 complaining individual within 24hours and they are good to continue. Which means, copyright violation is basically sort of allowed (as it's not being prosecuted), as long as you act when someone wants stuff removed.

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    God/dess CatBBW's Avatar
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    Default Re: Legal action against copyright violators futile?

    Quote Originally Posted by Sinna (2pee4you) View Post
    Hello,

    I imagine this scenario: Someone bought my clips and is opening a clip store to re-sell. I somehow find that store and file a DMCA takedown request. Since the owner is knowingly spreading my clips, he/she won't take them down. What happens next?
    Complain to their webhost?

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    Default Re: Legal action against copyright violators futile?

    Realistically, probably nothing if you file a criminal complaint, unless you can find a US attorney who does not have bigger fish to fry.

    http://www.copyright.gov/title17/92chap5.html#506

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    Featured Member BambiCutie's Avatar
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    Default Re: Legal action against copyright violators futile?

    -----
    "I imagine this scenario: Someone bought my clips and is opening a clip store to re-sell. I somehow find that store and file a DMCA takedown request. Since the owner is knowingly spreading my clips, he/she won't take them down. What happens next?"

    You could continue to request DMCA takedowns and they could refuse to do so all together.. If you work under a studio or big site going through them to request the takedown it may better assist otherwise, you are left having to contemplate a plan B.

    "Second scenario: The person uses a third party site, which is immediately taking care of my pirated clips and deletes them, maybe even banning the person that re-sold my clips there. What happens next? Does anyone actually legally pursuit the person if I don't do it?"

    Unless you specifically pursue action against them given its your business, they would more than likely do nothing..

    "Now let's assume I pursue it. I file a complaint against this "unknown" person and it's being investigated. What would the value of the stolen/pirated goods have to be for anyone to seriously look into this, finding out ip addresses, investigating through the ISP etc.? I know they go all the way for murder or multi-million dollar tax fraud - but for small copyright violations?"

    Your complaint might not even be accepted to be investigated and it could be a long time before its taken into consideration..I would imagine from going back and forth through past cases. Even if you were to easily track their IP address it would do little good when it comes to certain evidence that may be later requested. (Keep copies of EVERYTHING!)

    "Let's assume they locate the person and find all necessary evidence. What would happen? Would any court even try him/her? Would I be getting paid back my damages, like $56.77 or something like that? I know that sounds like a joke, but what can realistically be expected to happen to the person?"

    You may not receive anything unless you can prove without a doubt that they indeed tarnished your business through copyright infringement, due to the fact that the exposure comes with the work makes it more difficult to win.

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    Veteran Member Sinna (2pee4you)'s Avatar
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    Default Re: Legal action against copyright violators futile?

    Unless the webhost would indeed do something, your reactions support my thoughts - there is basically not much we can do in certain cases and there is no one else doing anything to help. Some girls resort to reporting their stolen content as underage on sites like vk.com, where it's really difficult to get your content removed. When they hear about suspected underage adult material on their site, they act immediately, because there is someone who would prosecute that all by themselves.

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    Veteran Member pornlaw's Avatar
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    Default Re: Legal action against copyright violators futile?

    Register all of your content with www.Copyright.gov within 90 days of publication... (its $40 online)

    Once you have a vaild registration - statutory damages & attorneys fees kick in...

    Also, trademark a watermark to put on all of your videos. If the TM'd logo is removed by a pirate it is considered a Lanham Act violation called "reverse palming-off" and can be the subject of the lawsuit.

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    Veteran Member Sinna (2pee4you)'s Avatar
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    Default Re: Legal action against copyright violators futile?

    Quote Originally Posted by pornlaw View Post
    Register all of your content with www.Copyright.gov within 90 days of publication... (its $40 online)

    Once you have a vaild registration - statutory damages & attorneys fees kick in...

    Also, trademark a watermark to put on all of your videos. If the TM'd logo is removed by a pirate it is considered a Lanham Act violation called "reverse palming-off" and can be the subject of the lawsuit.
    I had a look at the site but it's pretty confusing to me. If the content registering is $40 for EACH clip I produce, then that costs more than the clips earn me and is out of the question.

    Pirates rarely, if ever, remove the watermark. They just don't care. Most pirated content in fact shows a clear watermark.

    Assuming I did all that. I sit in Europe, let the pirate be in Lebanon, Russia, Sweden, basically everywhere in the world potentially. Would U.S. law even apply?

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    Member LiLuHotty's Avatar
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    Default Re: Legal action against copyright violators futile?

    Well, there is nothing much could be done with piracy. u can ether let it go, or get a DMCA company who will do it for u. Being a store owner or independent website owner, its just a full time job to search your content, then contact all websites, then hosts.... its just too much job. plus most likely u cant do it everyday. i did that before but now i just joined dmca company. Dmca will search your content for u, will report it, will control of what is removed and what is not, and will accept links from u that u find on your own and will report it as well.

    paying 40$ to register single clip is not a way to go...., u can get super duper dmca service for that kind of money....

    there are different approaches how dmca search your content: there is an auto search and manual search,-
    - auto is the way to go..... get dmca that has some kind of search engine.... they use key words, to find your clips ! thats how it done: they some how scan the net, then some one go over links found and confirm its yours, then they report these links, and also can report to search sites like google , yahoo.... so that if some one will search for u , they could find u! they dont find 100% ... its impossible, in fact much less, but its enough to give pirates a hard time, plus unlike u, dmca does it constantly! u can, from time to time, check for your files your self and report it as well. plus if they found something on one forum for example, u can always go there and search manually for the rest of your content there....

    - manual search - would be the way to go, but its expansive job, and dont bother with cheap services who offers it! i ve been scummed once already my self.

    Now there are countries like Netherlands - who dont care about copyrights, so no meter what u do u cant do anything there.... they ignore u... so "speak with your congressmen" , and make USA to put economic sanctions on them till they comply with dmca! i am surprised usa have not done it yet, as usa loose lots of $$ on taxes....

    I joined dmcaforce.com (PLZ USE my NAME if u decide to join : LiLuHotty, there is no affiliate program, but i d like them to know that I brought them a new client), i use their basic service and its ok, but most important its cheap and i can afford it. its not a magic wand, but with service i get - its a search once a week, and a person once a week reports all links ( links they found + links i send them). its not much, but its more then enough for the money i pay. i can always pay more to improve the service, but there are no needs for it yet.... its very rare when i am able to search for my files on my own, but its great to know that some one once a week does it for me.

    there is a free evaluation .... they will go over your website and will check net for your content and will come up with average monthly infringements... and will give u price they can offer u, DO negotiate! also keep in mind there is a difference between month by month payment and year upfront.

    also if u ever will want to go court - they will provide u with lists of files.... the prove of piracy.. evidence u can legally use!

    I HIGHLY recommend to everyone to get some service like that, if all of us will be protected this way it will bring to pirates a serious pain in ass! ass they will have to reupload all files again and again... their income will be less and less...

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    Default Re: Legal action against copyright violators futile?

    Quote Originally Posted by Sinna (2pee4you) View Post
    I had a look at the site but it's pretty confusing to me. If the content registering is $40 for EACH clip I produce, then that costs more than the clips earn me and is out of the question.

    Pirates rarely, if ever, remove the watermark. They just don't care. Most pirated content in fact shows a clear watermark.

    Assuming I did all that. I sit in Europe, let the pirate be in Lebanon, Russia, Sweden, basically everywhere in the world potentially. Would U.S. law even apply?
    You can add as many clips as a DVD can hold. Its $40 per DVD not per clip.

    Pirates do remove watermarks regularly from studio produced content. Perhaps not cams.

    If you're in Europe I would not bother with US copyright law. Im a US attorney so I cannot give advice as to protecting your content in your country. I would seek an intellectual property lawyer in Europe for advice.

    I would not recommend a DMCA service though. My wife used a DMCA service on a monthly basis for years to protect her content. A lot of her pirated content was removed, however, it had no effect on increasing profits. If you are doing it just to remove the content, then its worth it. However, if you hope that it will increase profits, I going to say it wont. Perhaps it may be different for you.

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    Member LiLuHotty's Avatar
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    Default Re: Legal action against copyright violators futile?

    Quote Originally Posted by pornlaw View Post
    I would not recommend a DMCA service though. My wife used a DMCA service on a monthly basis for years to protect her content. A lot of her pirated content was removed, however, it had no effect on increasing profits. If you are doing it just to remove the content, then its worth it. However, if you hope that it will increase profits, I going to say it wont. Perhaps it may be different for you.
    people who search constantly for free porn and only for free stuff - u cant sell them anything at all. Dmca will not help here. But dmca can help u with trafic (your position within search engine), as dmca depending on the service u use - can clean up the search engines for you, so that when some tries to find your content could find it at 1st page in google, not somewhere at 10th page or lower, ..... as if your clips are shared for free - most likely in google u ll see only torents and pirates websites - as they have better traffic. but dmca will report these links to google and will remove it from search results! So u can expect some help with sales ....

    simple dmca service will coast u 50-100$ a month, - its not much, its not much at all if u consider your work serious... and some one will constantly remove your illegally shared content.... i dotn think there is anything else u can do, unless u r ready to go to court with each case and spend lots on attorneys...

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