Thank your lucky stars that I'm not one of them. I film real escorts across the UK for my site http://www.lukey.com. My competitor is fully compliant with USC and DMCA, but I know he sometimes uses porn stars and fobs them off as escorts.
Thank your lucky stars that I'm not one of them. I film real escorts across the UK for my site http://www.lukey.com. My competitor is fully compliant with USC and DMCA, but I know he sometimes uses porn stars and fobs them off as escorts.
This is always been comedy during the Las Vegas xbiz show, you walk down the strip anywhere and are handed escort cards with Selena Spice or Katie Fey on them and there phone numbers in Vegas for outcall!
But as far as DCMA, I have had to email and phone certain sites re photos I shot and they have so far taken them down immediately when met with sound and fury.
This is always been comedy during the Las Vegas xbiz show, you walk down the strip anywhere and are handed escort cards with Selena Spice or Katie Fey on them and there phone numbers in Vegas for outcall!
But as far as DCMA, I have had to email and phone certain sites re photos I shot and they have so far taken them down immediately when met with sound and fury.
Please introduce me to your sound and fury methods.
I've tried the nice & professional route as well as the "listen here you stupid fuck" route after 8-9 DMCA's.
I came across that once a few months ago. I can't even remember the sites name but the girl in question definitely wasn't working for them, and they had no right to use the picture. I just found it funny someone would think they could get away with that.
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Always remember that if someone is using your pic of a model for an escort site, you have a claim --- but the model has even a stronger claim.
If you are going to push this beyond a DMCA and if you havent registered your photos with the US Copyright Office prior to the infringement, you have little to no damages.
However, the model still has a solid right publicity and false light claim and whether she signed a model release doesnt matter.
Always remember that if someone is using your pic of a model for an escort site, you have a claim --- but the model has even a stronger claim.
If you are going to push this beyond a DMCA and if you havent registered your photos with the US Copyright Office prior to the infringement, you have little to no damages.
However, the model still has a solid right publicity and false light claim and whether she signed a model release doesnt matter.
Something to think about....
About the first part, if he published them on the net earlier than that site in question, I would think he has satisfied the definition of prior use copyright.
On the second point, totally agree, a tort claim could be bigger and scarier.
None of our girls are escorts. Let the record stand.
And our content is in-house, fyi.
I just told her to wait a second.. ran to my PC and printed of a life size picture of Gisele's face and told the ugly skank to tape it to her forehead.. But when I blew a load in her face her makeup/ink ran and i had to kick her to the curb
None of our girls are escorts. Let the record stand.
That would've been nice info to know beforehand ... HAHA
About the first part, if he published them on the net earlier than that site in question, I would think he has satisfied the definition of prior use copyright.
On the second point, totally agree, a tort claim could be bigger and scarier.
Its not use that gets your statutory damages, it registration. Without prior registration you will be left with actual damages. For taking a single pic for an escort site actual damages will be difficult to prove.
However, a model may have an easier time with damages and attorneys fees.
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