LOL I wouldn't count on that. :1orglaugh: 1orglaugh

Look this is how I do a deal.

We come to an agreement and put it in writing. After that I firm things up by forwarding them the footage and a copy of the releases.

Now I've done it that way for decades and I've done it in European nations, the United States, poor nations and even in backwards English Canada and idiotic Quebec.

Perhaphs you need to read my posts one more time.

I wrote: UNLESS SOMEONE ELSE PROVES OTHERWISE.

Ripping a DVD and adding your watermark would mean the correct copyright owner would easily prove your claimed authorship is false.. And after that they would sue your ass, because there are million other ways these companies could prove who is the author and copyright owner.

I never said a watermark must be your website URL. You can put your name or pseudonym in there. But even URL can be considered as an identificator since URL is tied to your name, it's your way of signature, your brand.

I also never said watermark is PROOF of authorship. Watermark is one form of CLAIMING your authorship. Just like painter's signature on his painting. If you are the first one claiming authorship (e.g. by adding a watermark), the other person in this situation must PROVE that he is the author and you are falsely claiming authorship of his work. And if he proves that, he will most likely sue your ass for damages.

You sir need to read carefully and use some brain at the same time...

This is way foo fucking complicated.

So let me finish by saying that I still believe that we should just fucking kill all the theives. Because as far as I'm concerned the solution to all these problems is break a few knees and put some bullets in a few heads.

So.. If someone uploaded your videos and you can't take them down because they want model releases, why did they let someone else upload them and keep them up, assuming that they don't have the releases?...

No-one needs to prove anything to charlatan who can't prove dick himself.
Thats how DNC works. If you can't establish ownership yourself, you might as well take a walk. :1orglaugh

What is exactly complicated? This is very easy, just watermark your content and have the model hold a paper with your name/date etc at the begining of the scene... And you can easily prove who is the author.. Besides that the model is a witness and if there are other staff members, they are all witnesses too.

Xhamster should delete the scene in this case described here, as he showed them the RAW files and even the watermarked files.

Authorship and ownership are two totally different terms.

You might as well read local authorship laws or consult a lawyer because you are uneducated.

I have done both.

You are required to show release if there is a complaint. You don't need one to upload.
I once got a DMCA from large tube site in regards of 10 year old video that had well known pornstar in it. Some obsessed idiot was emailing them and claiming it was his wife and video was stolen from his PC. Content provider was selling those videos non-exclusive for $10 a pop. :1orglaugh

Dude, they can't ask for model releases.. only court or authorities could.

I believe he showed them proof and as long as the other dude has no proof of his authorship, they should delete that.

There is no authorship if you can't prove your authorship. Simply adding yuor website URL isn't one. Educate yourself. :2 cents:

Let me say that I agree with you that in this case they should be deleted.

But I don't like the way this entire bullshit of what goes on today.

ie: Some fucking faggot fan boy dirty cunt living on the other side of the planet creates a site that allows other fan boys to steal for him and he not only gets away with it but makes from it too.

You educate yourself.. idiot.

Here is a translated part of the local authorship law specially for you.

The author

(1) Author is the person who created the work.

(2) A person whose name, surname or forename (9) (hereinafter referred to as "the name") is mentioned in the work or in relation to the work in the usual manner as the author's designation shall be considered the author of the work, unless proven otherwise. This is true even if the work is marked with a pseudonym if there is no doubt about the author's identity.

Is that clear now finally?

And here is a part of the authorship law regarding Pseudonymous works...

§ 14

Anonymous work and pseudonymous work

(1) A work that is publicly distributed or otherwise publicly distributed without the author's identification is considered to be an anonymous work.

(2) A work which, by decision of the author, is publicly distributed or otherwise made public with other information than the author's name, is considered a pseudonymous work.

(3) The identity of the author of an anonymous work or pseudonym may be published only with the consent of the author.

So yes, a watermark with just your URL is a form of author's identification / pseudonym.

The punchline is, any voyuer videos which are NOT staged and properly documented are by themselves illegal. Your quote is correct but analogous to: "Your honour of course she did not consent, but she is over 18..."


Also, we are xHamsters content partners, but on occassion when some pirate uploaded our movies to xHamster and we sent DMCA, xHamster ALWAYS acted and removed the videos within 48 hours. A lot quicker then the den of thieves calling themselvs Youtube.....

See my earlier post cause I stated exactly this. :winkwink:

We are discussing authorship and proof here, not the legality of his production. Even if the video is produced without the permission of the depicted persons that does not mean there are no authorship laws applied. He still is an author of that. Murdering a murderer does not make murder legal.

Have you been in the US lately, murdering a murderer is a national sport...:1orglaugh my point was however trying to convince judge or jury..." Oh yes your Honour I am the creep who did set up the hidden camera in the ladies bathroom, but it is still a work of art and I am entitled to copyright protection"....

Sometime the law is an ass and I do agree with you but my example was before and the new one here still the same... "YOU CANNOT DEFEND THE INDEFENSIBLE!!"

Don't make media content. Music, Movies, Porn. Time to move on.

https://media.giphy.com/media/12vmfB5rlrPOes/giphy.gif

I've never had any issues with xHamster removing copyrighted material. They have always responded to me in a timely fashion. I'd just like to put that out there.