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Old 06-17-2015, 02:33 PM  
Barry-xlovecam
It's 42
 
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Join Date: Jun 2010
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Posts: 18,083
Quote:
Originally Posted by epitome View Post
They're talking about the people who record their entire show and put it up on tubes in a non-affiliate way. That happens a TON.

Even Chaturbate doesn't want you recording entire shows and putting them up on tube sites. That does nothing to benefit the models or Chaturbate.
That may be their intent but copying is copying. In example: A model is gettin' it on with her Hitachi in a public cam room and that video gets screen capped and put on user's Twitter pages and the like.

Unregistered copyright is not applicable to impromptu performances like in the old Yahoo chat rooms on a public cam. Yahoo will limit any copyright claim to that of nonexclusive right to enable the broadcast; if someone is sexually abusing a child on a Yahoo or Skype cam Yahoo or Microsoft are the first deniers of any responsibility -- their copyright license was only for purposes of transmission (broadcast) and they make no claim of ownership of content.

Copyright is applicable to a planned performances made to be compensated for -- performances not impromptu. A webcam shows, whether in public or private, are copyright. Copyright and the right of publicity can intersect and are always granted by the maker of the performance the right of publicity is first held in the maker's rights.

Quote:
[T]he broadcast of a film of petitioner's entire act poses a substantial threat to the economic value of that performance. As the Ohio court recognized, this act is the product of petitioner's own talents and energy, the end result of much time, effort, and expense. Much of its economic value lies in the "right of exclusive control over the publicity given to his performance"; if the public can see the act free on television, it will be less willing to pay to see it at the fair.

Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562 (1977)
Quote:
V. The Intersection of Copyright and Right of Publicity Law Noted entertainment attorney Marc J. Apfelbaum concisely summarized the issues arising in the intersection of Right of Publicity law and Copyright Law as follows:

“The incentives for creativity embodied in copyright law and the incentives for fame embodied in the right of publicity conflict when creative individuals use the personal attributes of others in their works. Under copyright law, a work is controlled by its creator. Thus, a book about a person belongs to its author, a sculpture of a person belongs to its sculptor, and a photograph of a person belongs to its photographer. Under the right of publicity, however, control is often placed in the hands of the subject depicted in the creative work”
So, under US State legal statutes; while their applicability and jurisdiction may be faulty to the particulars of the the claimant and respondent, these same legal concepts may have standing in many global jurisdictions.
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