DMCA question

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  • Wolfy
    Confirmed User
    • Dec 2003
    • 3574
    #1

    DMCA question

    Ok, groundwork first:

    I have a video that is (supposedly) a model on my website.
    I was contacted today by someone who (supposedly) represents said model and presented with a (supposed) legal C&D notice, based on the fact that this model (supposedly) owns half the rights to this sex tape and wishes for it to be removed from my website.

    How do I verify ownership of a copyright? I am of the mind that it is freely available on the internet, so it is public domain. I also believe that this guy may or may not be who he says he is - in his words during a phone conversation (from a blocked number) "either take it down by tomorrow or you're gonna get so fucking sued".

    I have nothing to be sued for, really - but I'm interested in honoring the requests of the actual copyright holder, if there is one. How do I find out? What would you do?
    Tags: None
    • CyberHustler
      Masterbaiter
      • Feb 2006
      • 28728
      #2
      no answer
      “If you can convince the lowest white man he’s better than the best colored man, he won’t notice you’re picking his pocket. Hell, give him somebody to look down on, and he’ll empty his pockets for you.”

        Comment

        • Wolfy
          Confirmed User
          • Dec 2003
          • 3574
          #3
          that's usually the best answer. Way to boost your post count.

            Comment

            • JimmyStephans
              Confirmed User
              • Mar 2003
              • 560
              #4
              Wolfy,

              There is a procedure in place since 1998 that they must follow.

              Email me directly at [email protected] and I'll reply with a PDF file I created on the topic many months ago.

              There is no such thing as public domain as far as modern adult videos is concerned. Either the Copyright holder must release it to the public (very, very unlikely) or you have to wait until 75 years after the death of the copyright holder.

              If he claims to be the copyright holder he can follow the DMCA procedure and insist it be taken down -- but to do so he must follow the procedure exactly, and be willing to swear that he is the copyright holder.

              Of course, you saying that you found it online clearly indicates you are not licensed to display it, so the real copyright holder could sue. That type of suit is not easy -- in particular if the persons live in different states -- and the awards are not usually very high (rarely cover lawyer fees in the case of a single image or video).

              My PDF explains it all pretty good.

              Jimmy
              http://TrueBabes.com/

                Comment

                • Wolfy
                  Confirmed User
                  • Dec 2003
                  • 3574
                  #5
                  message sent, thanks man

                    Comment

                    • Wolfy
                      Confirmed User
                      • Dec 2003
                      • 3574
                      #6
                      big thanks to JimmyStephans, the info you hooked me up with was definately helpful!

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