need help.. user(thief) found a workaround to Pornhubs dmca.

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  • habibjr
    Confirmed User
    • Apr 2005
    • 342
    #1

    need help.. user(thief) found a workaround to Pornhubs dmca.

    I sent a dmca for this video
    https://www.pornhub.com/view_video.p...h58da422bbc732
    My video is watermarked and starts 1:10 heres a screenshot Scr.hu

    He sent a counter notification dmca (screenshot Scr.hu). saying he owns the content through content exchange which is 100% false. This was a paid scene which i filmed and he also claimed its on his clips4sale which is false again. This user has done this in the past with different usernames and has used a fake counter claim because he knows how to work the system. All his videos are stolen videos from other sites.

    So, now the only way according to pornhub is the file a lawsuit:
    "Please note we have communicated with you the counter-notifications we received against your original DMCA notice.

    The copyright holder of this content may elect to file a lawsuit for copyright infringement.

    If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the said contested content.

    The copyright holder can petition the court for an injunction to prevent the restoration of the original works, but if it is not obtained within the time allotted we will leave the material on the site"

    This would cost me $1000's of dollars to file a lawsuit. is there any option u can recommend????
    Make Money on REAL ReAlity Ethnic Homegrown Porn

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    Tags: None
    • INever
      Confirmed User
      • Jan 2005
      • 4031
      #2
      Can't we drone this thief?
      I love Camdough

      airvpn

        Comment

        • rogueteens
          So fucking bland
          • Jul 2006
          • 8005
          #3
          you got the video through content exchange? Are you sure he didn't do the same thing?
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            Comment

            • habibjr
              Confirmed User
              • Apr 2005
              • 342
              #4
              No this wasn't through content exchange. I dont even know who he is.. He just lied so the video wont be deleted. This was a scene i paid for. I have release forms and ID's of the performers.
              Make Money on REAL ReAlity Ethnic Homegrown Porn

              The ORIGINAL BLACK SEX FINDER

                Comment

                • rogueteens
                  So fucking bland
                  • Jul 2006
                  • 8005
                  #5
                  Originally posted by habibjr
                  No this wasn't through content exchange. I dont even know who he is.. He just lied so the video wont be deleted. This was a scene i paid for. I have release forms and ID's of the performers.
                  No, I think you are missing my point a bit. Are you sure that the producer you brought the clips from isn't also selling them to others (possibly also telling them that its their exclusive too) - I mean, this guy might be thinking you are doing the same to him!
                  Yes, it's most likely that he stole the clips and is being a complete arsehole but there is a chance that the producer could be selling the content everywhere.
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                    Comment

                    • thommy
                      Confirmed User
                      • Jun 2003
                      • 5469
                      #6
                      Originally posted by habibjr
                      No this wasn't through content exchange. I dont even know who he is.. He just lied so the video wont be deleted. This was a scene i paid for. I have release forms and ID's of the performers.
                      a release form and id shot does not say anything.

                      it is given to the person who produced the content and shows wich rights the producer CAN give.

                      the most important is the contract you have with the original rights owner.

                      here is another complication that american law allows to transfer rights completely to another person (what is not existing in the european copyright law where it is not possible to transfer such owner rights)

                      if you have a contract what includes the rights to use the content on other plattforms than send this contract together with the release form and ID (to identify that is it is this scene this contract includes) to pornhub and they will understand it.
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                        Comment

                        • seeandsee
                          Check SIG!
                          • Mar 2006
                          • 50945
                          #7
                          seriously fucked situation
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                            Comment

                            • Phoenix
                              BACON BACON BACON
                              • Nov 2002
                              • 35475
                              #8
                              so..the videos are still up right? yours and "his"
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                                Comment

                                • celandina
                                  Too lazy to set a custom title
                                  • Jun 2006
                                  • 11725
                                  #9
                                  The way I see it.

                                  Rule 1) shoot your own content.
                                  Rule 2) if you cannot, then buy only from a legit sellers with a contract made with a US or Canadian corporate entity.
                                  Rule 3) from anywhere else pay as little as you can because you will probably get screwed
                                  Rule 4) stop weeping and go back to Rule 1).

                                    Comment

                                    • shake
                                      frc
                                      • Jul 2003
                                      • 4663
                                      #10
                                      Do you have small claims court where you live? File like a $10 form and send that off. It's proof of a real ongoing lawsuit, so they should keep the video offline. And the theif will have to identify himself and figure out how to respond.
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                                        Comment

                                        • SpicyM
                                          Confirmed User
                                          • Aug 2006
                                          • 4575
                                          #11
                                          Originally posted by celandina
                                          The way I see it.

                                          Rule 1) shoot your own content.
                                          Rule 2) if you cannot, then buy only from a legit sellers with a contract made with a US or Canadian corporate entity.
                                          Rule 3) from anywhere else pay as little as you can because you will probably get screwed
                                          Rule 4) stop weeping and go back to Rule 1).

                                          Well, he said: "This was a paid scene which i filmed"
                                          no sig, sorry

                                            Comment

                                            • SpicyM
                                              Confirmed User
                                              • Aug 2006
                                              • 4575
                                              #12
                                              Originally posted by thommy
                                              here is another complication that american law allows to transfer rights completely to another person (what is not existing in the european copyright law where it is not possible to transfer such owner rights)
                                              What do you mean to transfer rights??

                                              You can license the content you shot in both USA and Europe and you are considered author if you are the creator... no matter what you want to transfer! Authorship can't be transfered.

                                              https://definitions.uslegal.com/a/author-copyright/
                                              no sig, sorry

                                                Comment

                                                • rogueteens
                                                  So fucking bland
                                                  • Jul 2006
                                                  • 8005
                                                  #13
                                                  Originally posted by SpicyM
                                                  Well, he said: "This was a paid scene which i filmed"
                                                  so he did - everyone ignore my posts! LOL!
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                                                    Comment

                                                    • INever
                                                      Confirmed User
                                                      • Jan 2005
                                                      • 4031
                                                      #14
                                                      [QUOTE=shake;22191731]Do you have small claims court where you live? File like a $10 form and send that off. It's proof of a real ongoing lawsuit, so they should keep the video offline. And the theif will have to identify himself and figure out how to respond.[/QUOTE

                                                      More like like $75 to $200. Court is a BUSINESS.

                                                      Also, the thief will have to be SERVED.

                                                      Identifying him is not the court's problem.
                                                      I love Camdough

                                                      airvpn

                                                        Comment

                                                        • SpicyM
                                                          Confirmed User
                                                          • Aug 2006
                                                          • 4575
                                                          #15
                                                          When you shoot a scene, always mark the beginning of every single take with a piece of paper containing written info about the author (name, his business ID , or personal ID #) and the scene (name of the model, date, location...). Always keep the raw files.

                                                          If you present this along with a copy of your ID, this is the best way to prove who is the author. If you are the author and that prick does not have any license from you, there is no doubt who is the thief.
                                                          no sig, sorry

                                                            Comment

                                                            • habibjr
                                                              Confirmed User
                                                              • Apr 2005
                                                              • 342
                                                              #16
                                                              Just to be clear..This was my content that I filmed myself (i film all my videos for my site). There should be a better situation than having to file a lawsuit because i will have to do that for every time this fool or another one puts up my videos. This is the second time hes done this with a counterclaim on a previous video. The first time pornhub removed it even after sending that counterclaim. This time they didnt.
                                                              Make Money on REAL ReAlity Ethnic Homegrown Porn

                                                              The ORIGINAL BLACK SEX FINDER

                                                                Comment

                                                                • NemesisEnforcer
                                                                  Confirmed User
                                                                  • Aug 2003
                                                                  • 2122
                                                                  #17
                                                                  Originally posted by habibjr
                                                                  I sent a dmca for this video
                                                                  https://www.pornhub.com/view_video.p...h58da422bbc732
                                                                  My video is watermarked and starts 1:10 heres a screenshot Scr.hu

                                                                  He sent a counter notification dmca (screenshot Scr.hu). saying he owns the content through content exchange which is 100% false. This was a paid scene which i filmed and he also claimed its on his clips4sale which is false again. This user has done this in the past with different usernames and has used a fake counter claim because he knows how to work the system. All his videos are stolen videos from other sites.

                                                                  So, now the only way according to pornhub is the file a lawsuit:
                                                                  "Please note we have communicated with you the counter-notifications we received against your original DMCA notice.

                                                                  The copyright holder of this content may elect to file a lawsuit for copyright infringement.

                                                                  If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the said contested content.

                                                                  The copyright holder can petition the court for an injunction to prevent the restoration of the original works, but if it is not obtained within the time allotted we will leave the material on the site"

                                                                  This would cost me $1000's of dollars to file a lawsuit. is there any option u can recommend????
                                                                  By "paid scene", do you mean that you paid the performer's and did not give them a copy of the content? Did you pay for the location and did trade with the talent? In your screenshot, is that Rome Major and Kandi Bossbitcx (can't see full faces, more profile)?
                                                                  The Only Time When Success Comes Before Work Is In A Dictionary.

                                                                  Did you ever notice: When you put the 2 words 'The' and 'IRS' together it spells 'Theirs.'

                                                                    Comment

                                                                    • elliso
                                                                      Its All About Girls &SEX
                                                                      • Dec 2011
                                                                      • 1061
                                                                      #18
                                                                      that s interesting guys, wish i could help but i can t.
                                                                      ICQ : Number 690911541

                                                                        Comment

                                                                        • thommy
                                                                          Confirmed User
                                                                          • Jun 2003
                                                                          • 5469
                                                                          #19
                                                                          Originally posted by SpicyM
                                                                          What do you mean to transfer rights??

                                                                          You can license the content you shot in both USA and Europe and you are considered author if you are the creator... no matter what you want to transfer! Authorship can't be transfered.

                                                                          https://definitions.uslegal.com/a/author-copyright/
                                                                          well - i am not a content producer - you said you are the professional.
                                                                          but for some reason i am more up to date as you are.

                                                                          authorship CAN be transfered but only in the anglo american law.

                                                                          in europe it can´t be transfered at all.

                                                                          17 U.S. Code § 201 - Ownership of copyright

                                                                          (d) Transfer of Ownership.?
                                                                          (1) The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.

                                                                          (2) Any of the exclusive rights comprised in a copyright, including any subdivision of any of the rights specified by section 106, may be transferred as provided by clause (1) and owned separately. The owner of any particular exclusive right is entitled, to the extent of that right, to all of the protection and remedies accorded to the copyright owner by this title.
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                                                                            Comment

                                                                            • NemesisEnforcer
                                                                              Confirmed User
                                                                              • Aug 2003
                                                                              • 2122
                                                                              #20
                                                                              Originally posted by habibjr
                                                                              Just to be clear..This was my content that I filmed myself (i film all my videos for my site). There should be a better situation than having to file a lawsuit because i will have to do that for every time this fool or another one puts up my videos. This is the second time hes done this with a counterclaim on a previous video. The first time pornhub removed it even after sending that counterclaim. This time they didnt.
                                                                              Ok, the performers look like Rome Major and Lucy Bell. I believe that was shot at AVN last year. Sorry to tell you, others have a copy of that scene with IDs and 2257, including one of my associates. Based on what I know, it's not worth a lawsuit.
                                                                              The Only Time When Success Comes Before Work Is In A Dictionary.

                                                                              Did you ever notice: When you put the 2 words 'The' and 'IRS' together it spells 'Theirs.'

                                                                                Comment

                                                                                • The Porn Nerd
                                                                                  Living The Dream
                                                                                  • Jun 2009
                                                                                  • 19787
                                                                                  #21
                                                                                  If the scene is at an Event then forget about it. Let it go, others have it too.

                                                                                  Besides, aren't you a content partner? If so what does your contact there say?
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                                                                                    • NemesisEnforcer
                                                                                      Confirmed User
                                                                                      • Aug 2003
                                                                                      • 2122
                                                                                      #22
                                                                                      Originally posted by The Porn Nerd
                                                                                      If the scene is at an Event then forget about it. Let it go, others have it too.

                                                                                      Besides, aren't you a content partner? If so what does your contact there say?
                                                                                      When folks shoot sex at AVN, it's always in a private location. Indeed, he did shoot the scene and paid the talent but it got away from him.
                                                                                      The Only Time When Success Comes Before Work Is In A Dictionary.

                                                                                      Did you ever notice: When you put the 2 words 'The' and 'IRS' together it spells 'Theirs.'

                                                                                        Comment

                                                                                        • The Porn Nerd
                                                                                          Living The Dream
                                                                                          • Jun 2009
                                                                                          • 19787
                                                                                          #23
                                                                                          Originally posted by NemesisEnforcer
                                                                                          When folks shoot sex at AVN, it's always in a private location. Indeed, he did shoot the scene and paid the talent but it got away from him.
                                                                                          Oh ok I did not see the scene. It sounded like it was on a stage at an Event. Sorry.

                                                                                          Still, I would reach out to the CPP contact and try to resolve things that way.
                                                                                          My Affiliate Programs:
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                                                                                            • deonbell
                                                                                              Confirmed User
                                                                                              • Sep 2015
                                                                                              • 1045
                                                                                              #24
                                                                                              GenoveseCrimeFamily is user. No site being pimped. Probably someone pornhub pays to upload content or works for pornhub.

                                                                                                Comment

                                                                                                • habibjr
                                                                                                  Confirmed User
                                                                                                  • Apr 2005
                                                                                                  • 342
                                                                                                  #25
                                                                                                  im just going to hit up one of the dmca companies such as dmcaforce. see if they can take it down for me
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                                                                                                  The ORIGINAL BLACK SEX FINDER

                                                                                                    Comment

                                                                                                    • NemesisEnforcer
                                                                                                      Confirmed User
                                                                                                      • Aug 2003
                                                                                                      • 2122
                                                                                                      #26
                                                                                                      Originally posted by habibjr
                                                                                                      im just going to hit up one of the dmca companies such as dmcaforce. see if they can take it down for me
                                                                                                      Not sure if that will work. You did give the content away to another party.
                                                                                                      The Only Time When Success Comes Before Work Is In A Dictionary.

                                                                                                      Did you ever notice: When you put the 2 words 'The' and 'IRS' together it spells 'Theirs.'

                                                                                                        Comment

                                                                                                        • celandina
                                                                                                          Too lazy to set a custom title
                                                                                                          • Jun 2006
                                                                                                          • 11725
                                                                                                          #27
                                                                                                          Originally posted by SpicyM
                                                                                                          Well, he said: "This was a paid scene which i filmed"
                                                                                                          My bad my apology .

                                                                                                            Comment

                                                                                                            • SpicyM
                                                                                                              Confirmed User
                                                                                                              • Aug 2006
                                                                                                              • 4575
                                                                                                              #28
                                                                                                              Originally posted by thommy
                                                                                                              authorship CAN be transfered but only in the anglo american law.
                                                                                                              Dude.. Authorship CAN'T be transferred. Author is the creator.. It is impossible to change the fact, that someone created something - it's like biological parenthood, it can't be trasferred. When you become an author of a work then you are the author of that work forever, no matter what.

                                                                                                              Authorship and copryright ownership are two different things.

                                                                                                              Check this out:
                                                                                                              https://www.gov.uk/guidance/ownershi...opyright-works

                                                                                                              Creator and first owner

                                                                                                              In the case of literary, dramatic, musical or artistic works, the author or creator of the work is usually the first owner of any copyright in it.
                                                                                                              Of course you can transfer ownership of copryright, that's how licensing and content selling works!

                                                                                                              Is that clear?
                                                                                                              no sig, sorry

                                                                                                                Comment

                                                                                                                • thommy
                                                                                                                  Confirmed User
                                                                                                                  • Jun 2003
                                                                                                                  • 5469
                                                                                                                  #29
                                                                                                                  Originally posted by SpicyM
                                                                                                                  Dude.. Authorship CAN'T be transferred. Author is the creator.. It is impossible to change the fact, that someone created something - it's like biological parenthood, it can't be trasferred. When you become an author of a work then you are the author of that work forever, no matter what.

                                                                                                                  Authorship and copryright ownership are two different things.

                                                                                                                  Check this out:
                                                                                                                  https://www.gov.uk/guidance/ownershi...opyright-works



                                                                                                                  Of course you can transfer ownership of copryright, that's how licensing and content selling works!

                                                                                                                  Is that clear?
                                                                                                                  why did i always know that you have no clue of what you are talking about?

                                                                                                                  can you read this?

                                                                                                                  The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession

                                                                                                                  did you ever heard about the statute of anna ?

                                                                                                                  for sure not because you because you seem to be more busy inhaling the sweet smell of your spiritual diarrhea.

                                                                                                                  if you have a few dollars left and don´t need them urgently for your drugs go and ask a lawyer.
                                                                                                                  Open for handpicked publishers and advertisers:
                                                                                                                  www.trafficfabrik.com

                                                                                                                    Comment

                                                                                                                    • JFK
                                                                                                                      FUBAR the ORIGINATOR
                                                                                                                      • Jan 2002
                                                                                                                      • 67373
                                                                                                                      #30
                                                                                                                      Originally posted by seeandsee
                                                                                                                      seriously fucked situation
                                                                                                                      yup

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                                                                                                                        • SpicyM
                                                                                                                          Confirmed User
                                                                                                                          • Aug 2006
                                                                                                                          • 4575
                                                                                                                          #31
                                                                                                                          Originally posted by thommy
                                                                                                                          why did i always know that you have no clue of what you are talking about?

                                                                                                                          can you read this?

                                                                                                                          The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession

                                                                                                                          did you ever heard about the statute of anna ?

                                                                                                                          for sure not because you because you seem to be more busy inhaling the sweet smell of your spiritual diarrhea.

                                                                                                                          if you have a few dollars left and don´t need them urgently for your drugs go and ask a lawyer.
                                                                                                                          Ok once again... you claimed this: "authorship CAN be transfered but only in the anglo american law."

                                                                                                                          No, it can't be transferred because an author is the one, who created the work.

                                                                                                                          You are an idiot that doesn't understand English.


                                                                                                                          Here is some reading for you
                                                                                                                          https://en.wikipedia.org/wiki/Authors%27_rights

                                                                                                                          Authors’ rights have two distinct components: the economic rights in the work and the moral rights of the author.

                                                                                                                          The economic rights are a property right which is limited in time and which may be transferred by the author to other people in the same way as any other property (although many countries require that the transfer must be in the form of a written contract). They are intended to allow the author or their holder to profit financially from his or her creation, and include the right to authorize the reproduction of the work in any form.
                                                                                                                          Explanation for you: licensing your work or transferring this right to someone else.. while you are still THE AUTHOR


                                                                                                                          The protection of the moral rights of an author is based on the view that a creative work is in some way an expression of the author’s personality: the moral rights are therefore personal to the author, and cannot be transferred to another person except by testament when the author dies
                                                                                                                          Can you fuckin read you imbecile?

                                                                                                                          You clearly don't understand the difference between the term author and copyright ownership.

                                                                                                                          https://definitions.uslegal.com/a/author-copyright/

                                                                                                                          Author under the copyright law is the creator of the original expression in a work. The author is also the owner of copyright. However, s/he may assign the copyright to another person or entity, such as a publisher.
                                                                                                                          >>> You sure can transfer a copyright ownership and you still will be the author.. understand? Jesus...
                                                                                                                          no sig, sorry

                                                                                                                            Comment

                                                                                                                            • thommy
                                                                                                                              Confirmed User
                                                                                                                              • Jun 2003
                                                                                                                              • 5469
                                                                                                                              #32
                                                                                                                              Originally posted by SpicyM
                                                                                                                              Ok once again... you claimed this: "authorship CAN be transfered but only in the anglo american law."

                                                                                                                              No, it can't be transferred because an author is the one, who created the work.

                                                                                                                              You are an idiot that doesn't understand English.


                                                                                                                              Here is some reading for you
                                                                                                                              https://en.wikipedia.org/wiki/Authors%27_rights



                                                                                                                              Explanation for you: licensing your work or transferring this right to someone else.. while you are still THE AUTHOR
                                                                                                                              [I]



                                                                                                                              Can you fuckin read you imbecile?

                                                                                                                              You clearly don't understand the difference between the term author and copyright ownership.

                                                                                                                              https://definitions.uslegal.com/a/author-copyright/



                                                                                                                              >>> You sure can transfer a copyright ownership and you still will be the author.. understand?
                                                                                                                              i think YOU are the one who have a problem with english in that case or what is so hard to understand on the phrase "will or pass as personal property".

                                                                                                                              did you ever research how many songs where michael jackson was the AUTHOR were written by someone else and he just bought the author rights?

                                                                                                                              selling author rights means: that not even the author have the right anymore to do anything with his work. depending on the deal WHAT ARE LEGAL IN THE ANGLO AMERICAN LAW he is not even allowed to put his name under it.

                                                                                                                              i really don´t want to waste my time with you dumb. go to pay a lawyer to become smart.

                                                                                                                              btw. i know a bit about it because i AM an author and i OWN a handful of publishing companies i was dealing so many national and international contracts in my life as you will never do. and i was already doing that before your mother farted you on this planet, you stupid troll.
                                                                                                                              Open for handpicked publishers and advertisers:
                                                                                                                              www.trafficfabrik.com

                                                                                                                                Comment

                                                                                                                                • brassmonkey
                                                                                                                                  Pay It Forward
                                                                                                                                  • Sep 2005
                                                                                                                                  • 77396
                                                                                                                                  #33
                                                                                                                                  bad news if they live in a country that does not work with dcma
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                                                                                                                                    Comment

                                                                                                                                    • SpicyM
                                                                                                                                      Confirmed User
                                                                                                                                      • Aug 2006
                                                                                                                                      • 4575
                                                                                                                                      #34
                                                                                                                                      Originally posted by thommy
                                                                                                                                      i think YOU are the one who have a problem with english in that case or what is so hard to understand on the phrase "will or pass as personal property".
                                                                                                                                      It was you who confused the terms "authorship" and "ownership of copyright" , not me, you idiot. I explained it to you twice.. don't make yourself look even more stupid.

                                                                                                                                      Originally posted by thommy
                                                                                                                                      did you ever research how many songs where michael jackson was the AUTHOR were written by someone else and he just bought the author rights?
                                                                                                                                      Jesus you are dumb.. that doesn't fucking mean that the lyrics can't have a different author or that the name of the author of the lyrics must be published.

                                                                                                                                      The author of a song can (and usually is) be totally different than the author of the lyrics. Same for the author of the music.

                                                                                                                                      The author of the lyrics can give the song's author the permission to not display his name. And yes, he just sold his rights. That again does not mean the author of the text has changed. Read once again my post above... Author's moral rights can't fucking be transferred.

                                                                                                                                      Also, there may possibly be several co-authors working together on a single work, not just one. The term CO-AUTHORSHIP is reserved for this

                                                                                                                                      co-authorship

                                                                                                                                      (1) Co-authors are two or more authors who have created a single piece of creative intellectual activity in such a way that it is not possible to distinguish creative contributions from individual authors and use them as separate works.
                                                                                                                                      (2) The rights to the part referred to in paragraph 1 shall belong to all co-authors jointly and severally unless the co-authors have agreed otherwise in writing.



                                                                                                                                      Originally posted by thommy
                                                                                                                                      selling author rights means: that not even the author have the right anymore to do anything with his work. depending on the deal WHAT ARE LEGAL IN THE ANGLO AMERICAN LAW he is not even allowed to put his name under it.
                                                                                                                                      Yes, that still doesn't mean he is no longer the author you dumb fuck, he just sold the economic rights Fuck, you are stupid..

                                                                                                                                      Originally posted by thommy
                                                                                                                                      i really don´t want to waste my time with you dumb. go to pay a lawyer to become smart.
                                                                                                                                      No, you don't want to waste your time because I clearly showed above who is the imbecile that can't fucking understand the term "authorship" ... and confuses it with the term "copyright ownership"


                                                                                                                                      Originally posted by thommy
                                                                                                                                      btw. i know a bit about it because i AM an author
                                                                                                                                      Every person on this planet will create something during his/her lifetime, so basically every person (well, with exceptions like small babies) is an author of something, you idiot. Even a small kid that draws a picture is an author. Don't try to look exceptional.. Author's name doesn't need to be disclosed anywhere. Anyone can be an author.

                                                                                                                                      SPECIAL PART>>>>

                                                                                                                                      And btw.. you definitely can transfer copyright ownership rights in EU with some limits.. i.e. if you want to give a publisher the right to release CDs with your music, that sure is possible...

                                                                                                                                      Law:

                                                                                                                                      Public dissemination of the original or reproduction of a work by transfer of ownership

                                                                                                                                      (1) The public dissemination of the original of a work or reproduction of a work by the transfer of ownership is the transfer of the right of ownership to a thing through which the work is expressed or on which the work is recorded as its original or reproduction.

                                                                                                                                      1. You sir are completely retarded and wrong .. while trying to look like a smart ass...

                                                                                                                                      2. Authorship can't be transferred.
                                                                                                                                      no sig, sorry

                                                                                                                                        Comment

                                                                                                                                        • SpicyM
                                                                                                                                          Confirmed User
                                                                                                                                          • Aug 2006
                                                                                                                                          • 4575
                                                                                                                                          #35
                                                                                                                                          bump for thommy, the local expert ^^^

                                                                                                                                          :-D
                                                                                                                                          no sig, sorry

                                                                                                                                            Comment

                                                                                                                                            • thommy
                                                                                                                                              Confirmed User
                                                                                                                                              • Jun 2003
                                                                                                                                              • 5469
                                                                                                                                              #36
                                                                                                                                              Originally posted by SpicyM
                                                                                                                                              bump for thommy, the local expert ^^^

                                                                                                                                              :-D
                                                                                                                                              waste of time with somebody like you to discuss - you WANT to be right even when you are 1000 times not right.

                                                                                                                                              live on in your barrel and tell the world you are diogenes. as long as you believe in it, everything is fine.

                                                                                                                                              but back to the topic: YES he can be the one who filmed the material - he CAN be the one who first got the licence of the actors and YES it still does not mean he OWNS the material
                                                                                                                                              and can do what he want.

                                                                                                                                              THAT was the fucking point you donkey !!!!

                                                                                                                                              and THIS can only be done in the anglo american law because there authorship (in the meaning of the word by legal juristic) IS transferable you dumb nut.

                                                                                                                                              WHERE you nut did i say that he is not the author anymore when he FILMED the scene ????

                                                                                                                                              i just said that his rights can be sold and that means he lose them.

                                                                                                                                              are you really that stupid or do you play a game here ?

                                                                                                                                              everyone (and i hope that includes you too) can read that i wrote:

                                                                                                                                              authorship CAN be transfered but only in the anglo american law.
                                                                                                                                              and if you don´t have the phantasy to know that "transfering authorship" means THE RIGHTS (and that means that the buyer can write even his own name as author) and not a time machine what makes a thing undone - you are even more brain crippled as i thought you are.
                                                                                                                                              Open for handpicked publishers and advertisers:
                                                                                                                                              www.trafficfabrik.com

                                                                                                                                                Comment

                                                                                                                                                • thommy
                                                                                                                                                  Confirmed User
                                                                                                                                                  • Jun 2003
                                                                                                                                                  • 5469
                                                                                                                                                  #37
                                                                                                                                                  Originally posted by brassmonkey
                                                                                                                                                  bad news if they live in a country that does not work with dcma
                                                                                                                                                  then you don´t know HOW far a DCMA can go.

                                                                                                                                                  the bandwidth starts on google listings - the provider can be held liable if he does not take the page offline and last but not least, the domain can be closed when the circumstances are hard enough.
                                                                                                                                                  Open for handpicked publishers and advertisers:
                                                                                                                                                  www.trafficfabrik.com

                                                                                                                                                    Comment

                                                                                                                                                    • SpicyM
                                                                                                                                                      Confirmed User
                                                                                                                                                      • Aug 2006
                                                                                                                                                      • 4575
                                                                                                                                                      #38
                                                                                                                                                      Originally posted by thommy
                                                                                                                                                      waste of time with somebody like you to discuss - you WANT to be right even when you are 1000 times not right.

                                                                                                                                                      live on in your barrel and tell the world you are diogenes. as long as you believe in it, everything is fine.

                                                                                                                                                      but back to the topic: YES he can be the one who filmed the material - he CAN be the one who first got the licence of the actors and YES it still does not mean he OWNS the material
                                                                                                                                                      and can do what he want.

                                                                                                                                                      THAT was the fucking point you donkey !!!!

                                                                                                                                                      and THIS can only be done in the anglo american law because there authorship (in the meaning of the word by legal juristic) IS transferable you dumb nut.

                                                                                                                                                      WHERE you nut did i say that he is not the author anymore when he FILMED the scene ????

                                                                                                                                                      i just said that his rights can be sold and that means he lose them.

                                                                                                                                                      are you really that stupid or do you play a game here ?

                                                                                                                                                      everyone (and i hope that includes you too) can read that i wrote:



                                                                                                                                                      and if you don´t have the phantasy to know that "transfering authorship" means THE RIGHTS (and that means that the buyer can write even his own name as author) and not a time machine what makes a thing undone - you are even more brain crippled as i thought you are.

                                                                                                                                                      No, you said "authorship can be transferred" you mental cripple.

                                                                                                                                                      Hey imbecile, Authorship can't be transferred.. if YOU and only you created something then it's you, no one else.

                                                                                                                                                      You have it written in that wikipedia article.. that the moral rights can't be transferred, yet you are bitching it is possible, cause you are a primitive who can't fucking read and accept he was wrong.

                                                                                                                                                      Authorship can't be transferred you idiot.
                                                                                                                                                      You can sell the rights, but that is not authorship you fuck tard.

                                                                                                                                                      Authorship is the state of being an author of a work, you just don't fucking understand English you old fart.


                                                                                                                                                      Don't mix the two terms "Author" and "Copyright owner" cause they are not the same. You just don't understand the terms Author and Authorship you pissant.

                                                                                                                                                      The protection of the moral rights of an author is based on the view that a creative work is in some way an expression of the author?s personality: the moral rights are therefore personal to the author, and cannot be transferred to another person except by testament when the author dies
                                                                                                                                                      Keep trying


                                                                                                                                                      authorship
                                                                                                                                                      ˈɔːθəʃɪp/
                                                                                                                                                      noun
                                                                                                                                                      noun: authorship; plural noun: authorships

                                                                                                                                                      the state or fact of being the writer of a book, article, or document or the creator of a work of art.
                                                                                                                                                      What an idiot..
                                                                                                                                                      no sig, sorry

                                                                                                                                                        Comment

                                                                                                                                                        • SpicyM
                                                                                                                                                          Confirmed User
                                                                                                                                                          • Aug 2006
                                                                                                                                                          • 4575
                                                                                                                                                          #39
                                                                                                                                                          Thommy , the local expert.. can you show me any definition in American law that states transfer of authorship? lol..

                                                                                                                                                          Regarding transfer of copyright ownership:

                                                                                                                                                          Even if some common law jurisdictions limit author's Moral rights.. That still doesn't change the fact who is the author of the work... because authorship can't be transferred.

                                                                                                                                                          In USA this protection is applied to visual arts.. (pantings etc.) ..so even in Anglo-American law you still have particular rights to your visual work even after you had transferred copyright ownership. This doesn't change the principle of authorship cause this is totally different subject.

                                                                                                                                                          Author is the creator and always will be..

                                                                                                                                                          Go cry now
                                                                                                                                                          no sig, sorry

                                                                                                                                                            Comment

                                                                                                                                                            • The Porn Nerd
                                                                                                                                                              Living The Dream
                                                                                                                                                              • Jun 2009
                                                                                                                                                              • 19787
                                                                                                                                                              #40
                                                                                                                                                              Question: this does not apply to employees creating work for the company, correct? The company would be "the author" even tho an actual employee 'created' the work. That's the general idea I think yes?
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                                                                                                                                                                • SpicyM
                                                                                                                                                                  Confirmed User
                                                                                                                                                                  • Aug 2006
                                                                                                                                                                  • 4575
                                                                                                                                                                  #41
                                                                                                                                                                  Originally posted by The Porn Nerd
                                                                                                                                                                  Question: this does not apply to employees creating work for the company, correct? The company would be "the author" even tho an actual employee 'created' the work. That's the general idea I think yes?
                                                                                                                                                                  That is work for hire..

                                                                                                                                                                  https://fairuse.stanford.edu/overvie..._made_for_hire

                                                                                                                                                                  What Is a Work Made for Hire?

                                                                                                                                                                  Usually, the person who creates a work is also the initial owner of the copyharight in the work. But this isn’t always the case. Under some circumstances, a person who pays another to create a work becomes the initial copyright owner, not the person who actually created it. The resulting works are called “works made for hire” (or sometimes simply “works for hire”). There are two distinct types of work that will be classified as made for hire:

                                                                                                                                                                  a work created by an employee within the scope of employment, or
                                                                                                                                                                  a commissioned work that falls within a certain category of works and that is the subject of a written agreement. (The types of works that qualify and other relevant requirements are explained in more detail in Chapter 15.)

                                                                                                                                                                  If the work qualifies under one of these two methods, the person paying for the work (the hiring party) is the author and copyright owner.
                                                                                                                                                                  There are also exceptions what doesn't fall under authorship laws here - like the definitions of law, state symbols, work of traditional folklore etc.
                                                                                                                                                                  no sig, sorry

                                                                                                                                                                    Comment

                                                                                                                                                                    • SpicyM
                                                                                                                                                                      Confirmed User
                                                                                                                                                                      • Aug 2006
                                                                                                                                                                      • 4575
                                                                                                                                                                      #42
                                                                                                                                                                      Hey thommy, since you are clearly trying to say (with your retarded English) that the new "copyright owner" can legally claim that the work was created by someone else (e.g. him) - as you call that: "to transfer authorship" which is wrong, can you please tell me, which law allows this change of the author's name by the copyright owner?

                                                                                                                                                                      § 106
                                                                                                                                                                      Exclusive rights in copyrighted works
                                                                                                                                                                      38
                                                                                                                                                                      Subject to sections 107 through 122, the owner of copyright under this title has
                                                                                                                                                                      the exclusive rights to do and to authorize any of the following:

                                                                                                                                                                      (1) to reproduce the copyrighted work in copies or phonorecords;
                                                                                                                                                                      (2) to prepare derivative works based upon the copyrighted work;
                                                                                                                                                                      (3) to distribute copies or phonorecords of the copyrighted work to
                                                                                                                                                                      the public by sale or other transfer of ownership, or by rental, lease, or
                                                                                                                                                                      lending;
                                                                                                                                                                      (4) in the case of literary, musical, dramatic, and choreographic works,
                                                                                                                                                                      pantomimes, and motion pictures and other audiovisual works, to perform
                                                                                                                                                                      the copyrighted work publicly;
                                                                                                                                                                      (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual
                                                                                                                                                                      images of a motion picture or other audiovisual work, to display the copy righted work publicly; and
                                                                                                                                                                      (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.
                                                                                                                                                                      Where does it state you can lie about the author??? Please show me..

                                                                                                                                                                      no sig, sorry

                                                                                                                                                                        Comment

                                                                                                                                                                        • thommy
                                                                                                                                                                          Confirmed User
                                                                                                                                                                          • Jun 2003
                                                                                                                                                                          • 5469
                                                                                                                                                                          #43
                                                                                                                                                                          Originally posted by The Porn Nerd
                                                                                                                                                                          Question: this does not apply to employees creating work for the company, correct? The company would be "the author" even tho an actual employee 'created' the work. That's the general idea I think yes?
                                                                                                                                                                          this is exactly ONE of the possible ways it can be done even later.
                                                                                                                                                                          but this asshole is discussing about a word and not about the circumstance that is is possible that an author can loose all rights (including the right to be mentioned and giving another person the right to call himself "author")

                                                                                                                                                                          authorship means nothing (so i would better call it author rights - but anyway every person with a normal brain understands what i mean)

                                                                                                                                                                          The Joint Authorship Doctrine

                                                                                                                                                                          The law of copyright provides that an author is the person who creates a work of authorship and is, at least the first instance, the sole owner of the work. Even though the author may initially have sole ownership of the work there are many methods by which the publisher may obtain ownership rights in the author's creative efforts. Two of the most frequently used are through the "work made for hire" doctrine - the publisher will own the copyright and "all" rights in the creative work-, and by an "assignment" of rights from the author to the publisher - the author specifically grants "all or some" of the rights in the work to the publisher.

                                                                                                                                                                          but what shall i fight with an idiot who thinks he knows all better.
                                                                                                                                                                          Open for handpicked publishers and advertisers:
                                                                                                                                                                          www.trafficfabrik.com

                                                                                                                                                                            Comment

                                                                                                                                                                            • PornDiscounts-V
                                                                                                                                                                              Confirmed User
                                                                                                                                                                              • Oct 2003
                                                                                                                                                                              • 5744
                                                                                                                                                                              #44
                                                                                                                                                                              That guy, is a rogue employee of the tube.

                                                                                                                                                                              Just saying.
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                                                                                                                                                                                • Bladewire
                                                                                                                                                                                  StraightBro
                                                                                                                                                                                  • Aug 2003
                                                                                                                                                                                  • 56228
                                                                                                                                                                                  #45
                                                                                                                                                                                  Originally posted by habibjr
                                                                                                                                                                                  Just to be clear..This was my content that I filmed myself (i film all my videos for my site). There should be a better situation than having to file a lawsuit because i will have to do that for every time this fool or another one puts up my videos. This is the second time hes done this with a counterclaim on a previous video. The first time pornhub removed it even after sending that counterclaim. This time they didnt.
                                                                                                                                                                                  Sorry this happened to you. Thieves suck.

                                                                                                                                                                                  You need to trademark your domain name. Your trademark claim is a straightforward trademark infringement instead of a "murky" copyright infringement.

                                                                                                                                                                                  You should actually talk to the DMCA guy at Pornhub, his name escapes me right now, as the thief has your domain in the video so clearly it's not his content.

                                                                                                                                                                                  I'd recommend calling Michael W. Fattorosi P.C. , regarding trademarking, or anything else adult industry related he's very well connected and easy to talk to: 818-710-2727 , AdultBizLaw.com


                                                                                                                                                                                  Skype: CallTomNow

                                                                                                                                                                                    Comment

                                                                                                                                                                                    • SpicyM
                                                                                                                                                                                      Confirmed User
                                                                                                                                                                                      • Aug 2006
                                                                                                                                                                                      • 4575
                                                                                                                                                                                      #46
                                                                                                                                                                                      Originally posted by thommy
                                                                                                                                                                                      this is exactly ONE of the possible ways it can be done even later.
                                                                                                                                                                                      but this asshole is discussing about a word and not about the circumstance that is is possible that an author can loose all rights (including the right to be mentioned and giving another person the right to call himself "author")

                                                                                                                                                                                      authorship means nothing (so i would better call it author rights - but anyway every person with a normal brain understands what i mean)

                                                                                                                                                                                      The Joint Authorship Doctrine

                                                                                                                                                                                      The law of copyright provides that an author is the person who creates a work of authorship and is, at least the first instance, the sole owner of the work. Even though the author may initially have sole ownership of the work there are many methods by which the publisher may obtain ownership rights in the author's creative efforts. Two of the most frequently used are through the "work made for hire" doctrine - the publisher will own the copyright and "all" rights in the creative work-, and by an "assignment" of rights from the author to the publisher - the author specifically grants "all or some" of the rights in the work to the publisher.

                                                                                                                                                                                      but what shall i fight with an idiot who thinks he knows all better.
                                                                                                                                                                                      Hey idiot, what does this have to do with the OP's problem? Someone stole his videos, he did not sell his rights to anyone.. you dumbass.

                                                                                                                                                                                      The only one who is wrong here is you, cause you don't fuckin understand the term author.
                                                                                                                                                                                      no sig, sorry

                                                                                                                                                                                        Comment

                                                                                                                                                                                        • SpicyM
                                                                                                                                                                                          Confirmed User
                                                                                                                                                                                          • Aug 2006
                                                                                                                                                                                          • 4575
                                                                                                                                                                                          #47
                                                                                                                                                                                          Originally posted by thommy
                                                                                                                                                                                          giving another person the right to call himself "author"
                                                                                                                                                                                          This would be a fuckin lie and could be considered as fraud on end users or false designation of origin. Also.. there are alternative ways to protect moral rights in USA , even if they are not explicitly protected in law

                                                                                                                                                                                          https://en.wikipedia.org/wiki/Authors%27_rights

                                                                                                                                                                                          "The protection of the personality in common law jurisdiction has for long been separate from the law of copyright, embodied in such torts as defamation (also passing off and malicious falsehood)"

                                                                                                                                                                                          Originally posted by thommy
                                                                                                                                                                                          authorship means nothing (so i would better call it author rights - but anyway every person with a normal brain understands what i mean)
                                                                                                                                                                                          Author and authors rights are two different terms ... if somebody makes content that is illegal where he lives, I can assure you that the he as the author of the content will be the one in trouble, no matter if he sold the rights or not. Authorship means a lot you dickhead.
                                                                                                                                                                                          no sig, sorry

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