Quote:
Originally Posted by pornlaw
Just a question...
How many here actually religiously copyright their content with the U.S. Copyright Office ?
and... how many here have actually trademarked the actual watermarks that you put into your content ?
These two simple things would make the battle vs piracy much more realistic. The one common flaw I see in adult content producers is that few take the time & spend the money to actually protect their content through registration. ( U.S. Copyright Office )
And if your federally trademarked watermark gets removed from your video, well that's called reverse palming off, and is actionable. And there's no DMCA safe-harbor for trademarks, and the hosts can be liable (in the 9th Circuit) if they do not remove the offending video.
I'm actually surprised more content producers don't use TM law to strengthen their rights. Copyright can be weak but trademark isn't... |
Pornguardian copyrights all my new releases now. It's an extra fee but it saves me the extra step and hassle of having to do it myself. I like your angle on the Trademark, nice
Your'e dealing with a three pronged approach in pinning the members of this organized crime group that's bringing the industry to it's knees: Creative, legal and technical.
While creatively we can present our material in a way that legally protects our products & brand, the technical link has always been the weakest. Exactly who downloaded the content, proving who cropped the trademarked watermark, who uploaded it where, etc.
Creative minds say why go the extra steps when I don't have the technical ability to prove who broke the law and can I afford the expense of hiring an attorney to enforce my rights?
So many in the industry see the technical weakness and say why bother with the trademark, etc. etc.
What if producers knew that paying $70 a title to copyright each release ( What I pay with Pornguardian ) and $100 a months for guaranteed legal representation from an IP attorney (send letters to ISP's, etc) (random number)? With one release a week that's just $480 a month for guaranteed enforcement of your rights.