I'm an affiliate being sued now.....LOL...cant belive how poor the industry has becom

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  • jscott
    jscizzle
    • Feb 2001
    • 25434

    #1

    I'm an affiliate being sued now.....LOL...cant belive how poor the industry has becom

    To J. Scott
    It has come to our attention that you have been using XXXXX XXXXX a.k.a. Marisa?s Heaven?s Pictures without permission or compensation. This will cease immediately and all outstanding dues for use of my client?s media will be paid immediately. And a failure to do so will result in more and escalating bills as well as future Legal Action. Furthermore you were not given any permission to use the media in the first place. Our current charges for use of the media pertaining to any image of XXXXX, Her Likeness, or name(s) are $10,000 a month USD. By our calculations your current outstanding balance is _ months at $10,000 a month USD = $_ USD due immediately. XXXXXX has asked you in the past to remove the media and you have refused. We expect the matter to be dealt with immediately or we will use all legal means at our disposal to solve our dispute and you will be paying for our time as well.
    We will accept cheques or money order as payment. All Payments are to be forwarded to:

    XXXXXX c/o XXGirls

    XXXXXXXXXXX

    Toronto ON M5S 2H4

    For all other payment arrangements and any information needed please contact Chad XXXXXXX Co ? Founder and President of XXXXXGirls at XXXX-455-1128
    If you think tough men are dangerous, wait until you see what weak men are capable of.
    - Jordan B. Peterson
    Listen to Pomp tell why is Bitcoin important
  • Mr Pheer
    So Fucking Banned
    • Dec 2002
    • 22082

    #2
    you were using thier media to promote thier program and now they are charging you for it?

    Comment

    • jscott
      jscizzle
      • Feb 2001
      • 25434

      #3
      Originally posted by Mr Pheer
      you were using thier media to promote thier program and now they are charging you for it?
      basically it's like this

      "somebody" opened a solo girl site, i promoted it, now i guess the site shut down and then the "real owners" of the content (i guess) hit me up saying that "i'm going to pay them" for illegally using their content (or something like that)
      If you think tough men are dangerous, wait until you see what weak men are capable of.
      - Jordan B. Peterson
      Listen to Pomp tell why is Bitcoin important

      Comment

      • cem
        Confirmed User
        • Sep 2002
        • 415

        #4
        "XXXXXX has asked you in the past to remove the media and you have refused."

        Is that true? If so, you should have removed it in the first place.
        Still.. it sounds like a bullshit email/letter trying to sucker you in to pay them money.
        Sounds like a 15 year old wrote it.

        Comment

        • DBS.US
          Geo Cities
          • Aug 2003
          • 11842

          #5
          Take down the content and links and forget all about it. It never happened.
          Have an unused domain? Make a Free Chaturbate White Label site and be making money tonight

          Comment

          • DBS.US
            Geo Cities
            • Aug 2003
            • 11842

            #6
            Note: Your not being sued. Just a scary email.
            Have an unused domain? Make a Free Chaturbate White Label site and be making money tonight

            Comment

            • camgirlshide
              Confirmed User
              • Jan 2005
              • 1558

              #7
              I know someone who had something similiar happen to them. They got a threatening letter to take down the content. They did it and got a thanks for doing that e-mail. Six moths or so later the person who asked for the content to be removed must have been short on cash or something and decided to actually go ahead with the lawsuit. Eventually the lawsuit was thrown out, but legal bills were over $70K
              Useful adult webmaster links -
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              Comment

              • Reak AGV
                Confirmed User
                • Dec 2004
                • 4283

                #8
                Originally posted by DBS.US
                Take down the content and links and forget all about it. It never happened.
                Exactly

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                Comment

                • WiredGuy
                  Pounding Googlebot
                  • Aug 2002
                  • 34515

                  #9
                  The way you described it, this was delivered by email. I'd just comply and not worry about it. If they were serious about coming after you for damages, it would have come by registered mail and on a letter head full of international offices of the law firm they used. Just comply to their request and it will more than likely go away.
                  WG
                  I play with Google.

                  Comment

                  • pocketkangaroo
                    Confirmed User
                    • Jan 2005
                    • 8452

                    #10
                    Yeah, this sounds like a broke loser looking to make up for his failing business. If they were serious, they'd have sent it by mail, and had someone with a grammar level past 7th grade write it.

                    Comment

                    • pornlaw
                      Confirmed User
                      • Feb 2007
                      • 1902

                      #11
                      Did you have a DMCA notice on your site ?

                      Did they comply with the notice requirements ?

                      Not that easy to sue someone for copyright infringement especially if you have a legally valid DMCA take down policy.

                      Also most people dont understand that until the content is copyrighted, they cant sue. Its requirement #1 for filing a federal copyright lawsuit.

                      Thats why this happened.... they were waiting on the copyright. It can take several months.

                      Six moths or so later the person who asked for the content to be removed must have been short on cash or something and decided to actually go ahead with the lawsuit. Eventually the lawsuit was thrown out, but legal bills were over $70K
                      With copyright claims, waiting to file only helps the plaintiff since if you keep up their content, damages increase.
                      Last edited by pornlaw; 04-13-2008, 04:08 PM.
                      Michael

                      www.AdultBizLaw.com

                      Comment

                      • fris
                        I have to go potty
                        • Aug 2002
                        • 55785

                        #12
                        Funny april fools joke
                        Since 1999: 69 Adult Industry awards for Best Hosting Company and professional excellence.


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                        Comment

                        • notoldschool
                          Confirmed User
                          • Aug 2007
                          • 5687

                          #13
                          If it were that easy to sue you for this, google wouldnt be around. DMCA notices are even worthless at this point.
                          No doubt one may quote history to support any cause, as the devil quotes scripture.
                          -- Learned Hand

                          http://www.bjpenn.com

                          Comment

                          • After Shock Media
                            It's coming look busy
                            • Mar 2001
                            • 35299

                            #14
                            Originally posted by notoldschool
                            If it were that easy to sue you for this, google wouldnt be around. DMCA notices are even worthless at this point.
                            If you live in the states it is that easy. Hell I could sue you for making the post I am now quoting. On top of that I could make you spend a bit of money defending yourself and keep it dragged out for damn near eternity.

                            [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

                            Comment

                            • Ayla_SquareTurtle
                              Confirmed User
                              • Sep 2005
                              • 3550

                              #15
                              The grammar and punctuation in that email make baby Jesus cry.
                              gone. long gone.

                              aylasquareturtle .."a"t".. gmail dawt com

                              Comment

                              • Spunky
                                I need a beer
                                • Jun 2002
                                • 133978

                                #16
                                Damn,they aren't fucking around

                                Comment

                                • SexualDragon
                                  Confirmed User
                                  • Aug 2006
                                  • 3038

                                  #17
                                  ..............
                                  Make 2009 a great year with Tiffany Preston
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                                  Comment

                                  • BlackCrayon
                                    Too lazy to set a custom title
                                    • Jun 2003
                                    • 19634

                                    #18
                                    Originally posted by After Shock Media
                                    If you live in the states it is that easy. Hell I could sue you for making the post I am now quoting. On top of that I could make you spend a bit of money defending yourself and keep it dragged out for damn near eternity.
                                    Maybe so but when you lose the defendant could counter sue you for legal costs.
                                    you don't know you're wearing a leash if you sit by the peg all day..

                                    Comment

                                    • The Heron
                                      Confirmed User
                                      • Apr 2001
                                      • 4496

                                      #19
                                      haha, first they have to find you ;)

                                      Comment

                                      • baddog
                                        So Fucking Banned
                                        • Apr 2001
                                        • 107089

                                        #20
                                        Originally posted by cem
                                        Sounds like a 15 year old wrote it.
                                        I sure hope it wasn't an attorney.

                                        Comment

                                        • DaddyHalbucks
                                          A freakin' legend!
                                          • Feb 2004
                                          • 18975

                                          #21
                                          I'm an affiliate being sued now.....LOL...cant belive how poor the industry has becom
                                          +++++++++

                                          What do you mean "has become?

                                          Online pornography never had a sterling rep.
                                          Boner Money

                                          Comment

                                          • Snake Doctor
                                            I'm Lenny2 Bitch
                                            • Mar 2001
                                            • 13449

                                            #22
                                            Originally posted by DaddyHalbucks
                                            I'm an affiliate being sued now.....LOL...cant belive how poor the industry has becom
                                            +++++++++

                                            What do you mean "has become?

                                            Online pornography never had a sterling rep.
                                            I think he meant poor in the monetary sense. I need cash therefore I'm going to find someone to sue.
                                            sig too big

                                            Comment

                                            • DWB
                                              Registered User
                                              • Jul 2003
                                              • 31779

                                              #23
                                              Take it down and forget about it. It is god damn difficult to sue anyone for theft of content these days.

                                              Comment

                                              • Bike
                                                Confirmed User
                                                • Jul 2004
                                                • 1363

                                                #24
                                                Hey, whats the name of the solo girl? Not Marisa's Heaven but her other name. Would like to delete her content from my sites if we are promoting her aswell. Thanks anyway.

                                                Comment

                                                • After Shock Media
                                                  It's coming look busy
                                                  • Mar 2001
                                                  • 35299

                                                  #25
                                                  Originally posted by BlackCrayon
                                                  Maybe so but when you lose the defendant could counter sue you for legal costs.
                                                  You miss the point, then again it is just more legal fee's. Where in the end everything will get tossed out at best, as this is not a contracts case. Gets ugly when say the original person filing suit either is a lawyer or gets free lawyer fee's from a friend or relative.

                                                  [email protected] ICQ:135982156 AIM: Aftershockmed1a MSN: [email protected]

                                                  Comment

                                                  • lazzlo
                                                    Confirmed User
                                                    • Sep 2003
                                                    • 3709

                                                    #26
                                                    why is the company xxxx'd out? a toronto firm i see, who is it?

                                                    Comment

                                                    • Holly
                                                      Too lazy to set a custom title
                                                      • Jun 2003
                                                      • 10017

                                                      #27
                                                      Write them back and tell them you're 15 and if they contact you again you'll tell your parents you're being harassed by a pornographer.
                                                      War National Damn Champions Eagle

                                                      Comment

                                                      • opulence
                                                        Confirmed User
                                                        • Feb 2005
                                                        • 273

                                                        #28
                                                        I used to run her site, to which she signed a model release form/etc for, and she most likely just had someone write that up so that you'd take her gallery down, this is the first time I'm hearing of this

                                                        But obviously it's BS, it's just an attempt from her to get you to take her stuff down...
                                                        icq: 2822543

                                                        Comment

                                                        • opulence
                                                          Confirmed User
                                                          • Feb 2005
                                                          • 273

                                                          #29
                                                          By the way (to some of the replies) It's *NOT* the owner of the content, which is me, since she signed a model release form. It's the model, Marisa, trying to scare you into taking the content down because she doesn't want it online...
                                                          icq: 2822543

                                                          Comment

                                                          • Nookster
                                                            Confirmed IT Professional
                                                            • Nov 2005
                                                            • 3744

                                                            #30
                                                            Originally posted by opulence
                                                            But obviously it's BS, it's just an attempt from her to get you to take her stuff down...
                                                            Yep, I've received similar messages from random models just for listing them. No pictures, just their names...and they think that shit flies or something. Just laugh at their own misfortunes, remove it and that's that.
                                                            The Best Affiliate Software, Ever.

                                                            Comment

                                                            • Evil E
                                                              Confirmed User
                                                              • Apr 2005
                                                              • 3201

                                                              #31
                                                              LOL my friend knows a big black guy that rides a yellow motorcycle... for a sensible fee, he will fuck your enemy in the ass... maybe you should send him there.

                                                              Anyways, take down that shitty content, and have anyone you know that it down... that guy won't have any business. fuck him.


                                                              A girl once told me "Give me 8 inches and make it HURT".

                                                              So, I fucked her twice and hit her with a brick.

                                                              Comment

                                                              • Evil E
                                                                Confirmed User
                                                                • Apr 2005
                                                                • 3201

                                                                #32
                                                                Originally posted by opulence
                                                                By the way (to some of the replies) It's *NOT* the owner of the content, which is me, since she signed a model release form. It's the model, Marisa, trying to scare you into taking the content down because she doesn't want it online...
                                                                So basically she is commiting fraud, because you are the owner of the content... someone could sue her.

                                                                What a bitch.


                                                                A girl once told me "Give me 8 inches and make it HURT".

                                                                So, I fucked her twice and hit her with a brick.

                                                                Comment

                                                                • johnuno11
                                                                  Confirmed User
                                                                  • Nov 2007
                                                                  • 692

                                                                  #33
                                                                  If they take you to court just shut your site down, erase all files .
                                                                  Monetize With iStrippers Future VR Adult Technology 2021, I earn $200+ a month for the last 10 years. Simply by Promoting one brand in your signature link...

                                                                  Comment

                                                                  • jscott
                                                                    jscizzle
                                                                    • Feb 2001
                                                                    • 25434

                                                                    #34
                                                                    Originally posted by lazzlo
                                                                    why is the company xxxx'd out? a toronto firm i see, who is it?
                                                                    hit me on icq, i'll let you know the exact details

                                                                    Originally posted by Bike
                                                                    Hey, whats the name of the solo girl? Not Marisa's Heaven but her other name. Would like to delete her content from my sites if we are promoting her aswell. Thanks anyway.
                                                                    hit me on icq, i'll let you know exactly what i know also........just to be extra safe i wont even mention her stupid names in this thread (130321510)

                                                                    Originally posted by The Heron
                                                                    haha, first they have to find you ;)


                                                                    Originally posted by Evil E
                                                                    So basically she is commiting fraud, because you are the owner of the content... someone could sue her.
                                                                    What a bitch.
                                                                    i'd think so, anybody know if i could do this? i would really like to
                                                                    If you think tough men are dangerous, wait until you see what weak men are capable of.
                                                                    - Jordan B. Peterson
                                                                    Listen to Pomp tell why is Bitcoin important

                                                                    Comment

                                                                    • lazzlo
                                                                      Confirmed User
                                                                      • Sep 2003
                                                                      • 3709

                                                                      #35
                                                                      Originally posted by opulence
                                                                      By the way (to some of the replies) It's *NOT* the owner of the content, which is me, since she signed a model release form. It's the model, Marisa, trying to scare you into taking the content down because she doesn't want it online...
                                                                      hey there, long time no see

                                                                      Comment

                                                                      • Forkbeard
                                                                        Confirmed User
                                                                        • Feb 2002
                                                                        • 2236

                                                                        #36
                                                                        Such a laughably bad email, a long way from you "being sued now". Really, it fails even as a demand letter.

                                                                        My best one to date was from an artist. She did a work for hire (work for hire being expressly specified between us) set of drawings for me, incorporating my URL into the graphics at my request. For various reasons I never got around to using them on my site, mostly because it's still years overdue for a facelift. Couple years after commissioning the art, I got an email out of the blue claiming that I was "in breach of her rights" because I never used the art, saying that she'd "contacted a lawyer" and that he'd advised her that all my rights to the art were forfeit, and that I had ten days to return her original drawings or else.

                                                                        Needless to say I told her to go fornicate with her imaginary lawyer.
                                                                        Offering sponsored blog posts and custom writing services.

                                                                        Comment

                                                                        • sentry
                                                                          Registered User
                                                                          • Jul 2005
                                                                          • 99

                                                                          #37
                                                                          I seem to remember that the model didnt want people in her local area to know she was doing porn so the site used to ban Canadian IP addresses from being able to access the site. She is obviously pissed that even though she closed the site that her pics are still found online and is therefore trying to BS affiliates who havent got around to taking down the pics.
                                                                          Topless Babez cash - Great teen sites to promote with exclusive content. Online since 2004
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                                                                          Comment

                                                                          • MasterBlow
                                                                            Confirmed User
                                                                            • Apr 2003
                                                                            • 2059

                                                                            #38
                                                                            Originally posted by DBS.US
                                                                            Take down the content and links and forget all about it. It never happened.
                                                                            that's right. no drama.

                                                                            Comment

                                                                            • V_RocKs
                                                                              Damn Right I Kiss Ass!
                                                                              • Nov 2003
                                                                              • 32448

                                                                              #39
                                                                              Wow... I think she is tired of family dinners where she is asked about taking anal.

                                                                              Comment

                                                                              • viencarl
                                                                                Confirmed User
                                                                                • May 2007
                                                                                • 4234

                                                                                #40
                                                                                Originally posted by Fris
                                                                                Funny april fools joke
                                                                                yah your right

                                                                                btw i like your avatar :

                                                                                Comment

                                                                                • fusionx
                                                                                  Confirmed User
                                                                                  • Nov 2003
                                                                                  • 4618

                                                                                  #41
                                                                                  Originally posted by Ayla_SquareTurtle
                                                                                  The grammar and punctuation in that email make baby Jesus cry.
                                                                                  This "letter" is definately not from a lawyer!

                                                                                  Comment

                                                                                  • kmanrox
                                                                                    aka K-Man
                                                                                    • Oct 2001
                                                                                    • 29295

                                                                                    #42
                                                                                    Originally posted by pornlaw
                                                                                    Did you have a DMCA notice on your site ?

                                                                                    Did they comply with the notice requirements ?

                                                                                    Not that easy to sue someone for copyright infringement especially if you have a legally valid DMCA take down policy.

                                                                                    Also most people dont understand that until the content is copyrighted, they cant sue. Its requirement #1 for filing a federal copyright lawsuit.

                                                                                    Thats why this happened.... they were waiting on the copyright. It can take several months.



                                                                                    With copyright claims, waiting to file only helps the plaintiff since if you keep up their content, damages increase.
                                                                                    at what point is the content copyrighted? do content producers have to do some full blown 'filing' with the feds to have their content 'copyrighted' ?
                                                                                    Crypto HODLr
                                                                                    Crypto mining
                                                                                    Angel investor

                                                                                    Comment

                                                                                    • Grapesoda
                                                                                      So Fucking Banned
                                                                                      • Jul 2003
                                                                                      • 46234

                                                                                      #43
                                                                                      Originally posted by jscott
                                                                                      basically it's like this

                                                                                      "somebody" opened a solo girl site, i promoted it, now i guess the site shut down and then the "real owners" of the content (i guess) hit me up saying that "i'm going to pay them" for illegally using their content (or something like that)
                                                                                      is it acacia?

                                                                                      Comment

                                                                                      • Grapesoda
                                                                                        So Fucking Banned
                                                                                        • Jul 2003
                                                                                        • 46234

                                                                                        #44
                                                                                        Originally posted by Ayla_SquareTurtle
                                                                                        The grammar and punctuation in that email make baby Jesus cry.
                                                                                        maybe it's DL?

                                                                                        Comment

                                                                                        • Grapesoda
                                                                                          So Fucking Banned
                                                                                          • Jul 2003
                                                                                          • 46234

                                                                                          #45
                                                                                          Originally posted by kmanrox
                                                                                          at what point is the content copyrighted? do content producers have to do some full blown 'filing' with the feds to have their content 'copyrighted' ?
                                                                                          yes, library of congress.

                                                                                          Comment

                                                                                          • tranza
                                                                                            ICQ: 197-556-237
                                                                                            • Jun 2003
                                                                                            • 57559

                                                                                            #46
                                                                                            That e-mail is just dumb. Ignore it.
                                                                                            I'm just a newbie.

                                                                                            Comment

                                                                                            • pornlaw
                                                                                              Confirmed User
                                                                                              • Feb 2007
                                                                                              • 1902

                                                                                              #47
                                                                                              at what point is the content copyrighted? do content producers have to do some full blown 'filing' with the feds to have their content 'copyrighted' ?
                                                                                              Copyright attaches upon the moment of creation, however, in order to file a copyright lawsuit in federal court you will need to attach the registration. Registration requires the creator, not the owner, to submit the content to the US Copyright Office. Unless as an owner you have secured the rights from the creator.

                                                                                              If you are an owner, not a creator, you need to secure an assignment/work for hire from the artist. Without the creator giving you the rights to the content in writing, the best you have is a non-exclusive license from the creator which can be withdrawn at any time.

                                                                                              In this instance, I cannot tell whether the letter to JScott came from the model, owner or creator. If its from the model, her copyrights to the images transfered upon signing the model release. If its from the owner, he/she might not actually own the copyright to the content unless there's an assignment/work for hire. If its from the creator ask for the copyright registration.

                                                                                              If its the model as opulence states -- she's probably SOL since according to him signed a Release, however, she can still claim Right to Publicity, Right to Privacy and Quantum Meruit. Dont assume just because you have a signed release everything is okay.
                                                                                              Michael

                                                                                              www.AdultBizLaw.com

                                                                                              Comment

                                                                                              • Pete-KT
                                                                                                Workin With The Devil
                                                                                                • Oct 2004
                                                                                                • 51532

                                                                                                #48
                                                                                                replace the galleries with a differnt girl and rename it and tell them to go FUCK themselves

                                                                                                Comment

                                                                                                • Theo
                                                                                                  HAL 9000
                                                                                                  • May 2001
                                                                                                  • 34515

                                                                                                  #49
                                                                                                  great post from pornlaw

                                                                                                  Comment

                                                                                                  • pornlaw
                                                                                                    Confirmed User
                                                                                                    • Feb 2007
                                                                                                    • 1902

                                                                                                    #50
                                                                                                    Originally posted by Soul_Rebel
                                                                                                    great post from pornlaw
                                                                                                    Thanks. This is one of the most overlooked areas of law in this biz. Most people think that since they paid for the content they own it. Not true.

                                                                                                    I handled the buy-out of a DVD company by another DVD company and none of the scenes had an assignment of rights. They were virtually worthless since the DVD company did not own them outright.

                                                                                                    I had to track down all the shooters/directors/editors and get them to waive their copyrights in writing for the sale to go through.
                                                                                                    Michael

                                                                                                    www.AdultBizLaw.com

                                                                                                    Comment

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