DCMA Takedown notice for storing Chaturbate feed images on server?
 

I'm using the Chaturbate xml feed which includes model information along with thumbnails of the model. I have a script that imports all the data including the images and then makes a post with the info.

This creates a Chaturbate model directory and I do the same thing with most other cam sites. I got a DMCA takedown notice because one of the models saw a page made for her on my site with the image.

Can someone from Chaturbate clarify? These images are provided in the xml feed for affiliates so can they really get my pages delisted because of an ad tool that is offered from Chaturbate? This model had my /chaturbate/ directory flagged for delisting and not just her page.

There are quite a few other sites that use the feed image and store it on their server. There are also quite a few tumblr and twitter accounts that also use the image provided in the feed.

If the DMCA is so broad as to cover the whole site/domain and not just the image in question then it is not valid and you should issue a counter notice.

If you believe that the use of the image constitutes fair use then you should also issue a DMCA counter notice.

DMCA is not a one way street, if you issue a DMCA counter notice then the content can remain and it's up to the rights holder to take the issue to court. Then a much higher standard applies with regard to evidence and the interpretation of the DMCA.

As for Chaturbate, if they provide an affiliate feed with images then it's implied that those images may be used by affiliates for the purpose of promoting Chaturbate, so that would constitute fair use.

I don't know if Chaturbate is the same as AdultWork. But if so, and i'd have thought it was, there's the option for the model to allow the content or not in the user profile area. I would have thought Chaturbate has the same.

If you've used links, images & content given to you with permission by Chaturbate, i'd pass the relevant information onto Chaturbate support & let them deal with it.

I did file a counter to the claim for the second time. It seems this particular model keeps issuing them for different urls however. I also contact Chaturbate and had her removed from the feed but it seems she opted back in and is now back to issuing notices.

I did pass this on to Chaturbate and they took her out of the feed. I assume she lost traffic and opted back in and also started issuing dmca notices. Chaturbate allows models to opt out of advertising but it seems this model wants advertising but doesn't want her images used.

She also claims that Chaturbate support stated, "Affiliates are only supposed to use the images live, and not store images on their sites/servers".

I couldn't find anything in the affiliate terms stating so. This also would put all Twitter accounts, tumblr sites and custom sites in violation.

Yeah, I figured out a while back that it's just not worth promoting something with huge "you do not have permission blah blah" notices on their page. You have to wonder if some of these performers are contemplating copyright violation damages as a business model.

Who is the model so I can take all of my promotions of her down and not risk some bs DMCAs?

If someone puts those "You do not have permission to ..." posts that go viral once in a while to Facebook, they aren't really real and that's it. I think we just have to follow Chaturbate's rules, right?
Just because a model can paste a DMCA logo as a watermark and say that you can't record the show doesn't make it legally binding...

Don't quote me, though, I'm not a lawyer.. :upsidedow

The day I start paying attention to what a model says is the day I put a bullet in my skull

If it was MFC, the model/studio would be fined $500..

Here is everything Chaturbate provides affiliates in their api and nowhere does it state that images can't be stored on affiliate's servers:

• username: max length 111 characters
• room_subject: max length 200 characters
• is_hd
• is_new
• tags: max length 50 characters / tag
• seconds_online
• gender: Can be "f", "m", "t", or "c" for "female", "male", "trans", and "couple".
• recorded: "true" or "false".
• current_show: "public", "private", "group", or "away".
• chat_room_url: A url with your affiliate code in it.
• image_url
• image_url_360x270
• block_from_states: This field is no longer populated.
• block_from_countries: This field is no longer populated.
• iframe_embed: HTML for an iframe embed with your affiliate code in it.
• num_users: Number of users currently viewing the room.
• num_followers: Number of users following the room.

I emailed Shirley and Suport to clarify.

We get several a year from an idiot JAV company in LA for using the content they provide to sell their products. We counter DMCA to Google (By the way, this company only sends DMCAs to Google) and Googles' eyes seem to glaze over. What should our response to this sort of BS be?
Usually, I have to walk a Google rep through the link trail. A couple of times. Then they sometimes get it. Only, sometimes.

chaturbate should remove her from feed,

forward DMCA you received to chaturbate.

if images are in feed and you cant store them on your server, then what good is the feed for ?

report that model/

Because models are less than human to you? They deserve no respect?

I got a DMCA notice filed on behalf of fullacum123
https://chaturbate.com/fullacum123/

There are 400 URLs listed on the notice, many of which are duplicates but it's still a lot;
https://www.lumendatabase.org/notices/11987036

The description is quite brazen;

I get them nonstop. I literally get a stupid model threatening and then a shitty DMCA notice and then I see the image and see that they were a first timer and made a mistake not knowing their image would be retained by website and Google or whatever. Another email I get is: Google telling me they are blocking link and image from their search. And it's always I think "Chilling Image" or something. I don't care one bit.

Here is what Chaturbate said:

Affiliates may not upload or stream Content that infringes upon any right belonging to a third party.

This means that you cannot store screen captures or videos of any of the content from the XML feed unless you have permission from the individual broadcasters.

Unreal. They seem to give a different answer everytime I ask. Why even offer images in the feed then

Edit: Their statement is rather nebulous. We can't store videos or screen captures but can we store a thumbnail?

I had to laugh when I saw the image she/he has on their profile...

https://cbphotovideo.s3.amazonaws.co...G2QMICHLPNQVLA

hot linked :

https://cbphotovideo.s3.amazonaws.co...G2QMICHLPNQVLA

As I suspected, it looks like copyright infringement is going to be a part of these models' business model. I pulled all links to individual profiles a while ago.

There doesn't seem to be an agreed upon policy with using the images in the feed. Chaturbate took her out of the feed twice because I stated she was using frivolous DMCA notices on affiliates using the content in the feed.

Now they are stating that you cannot use screengrabs or recorded videos from the xml feed which is fine because I don't use those. I use the content in the feed including the image. They should be a little more clear on what can be used.

If images cannot be used then there are hundreds if not thousands of sites and social accounts in violation:

Examples:

Random Site: https://goo.gl/I1Xv90

Twitter: https://goo.gl/WwPi7q

Tumblr: https://goo.gl/93XhyD

It is really annoying. I think they (chaturbate) should start to fine these models or at least educate them what the affiliate marketing is...

Despite thousands of sites to the contrary. Chaturbate pretty much states that you can use the feed but cannot store anything on your site which is quite strange.

Here is more clarification:

They just don't enforce what they don't allow so affiliates that outright disregard their policy get an edge because they deeplink model pages on their own sites.

Until their account gets canned

And what about hotlinking to their thumbnails, would that be ok?

Yes you can hotlink the image but once the model goes offline you cannot store the image or the profile text or any other content from the feed on your server

Edit: Unless you have permission from the cam model

Based on all twitter, tumblr and regular sites that store content it seems the chances of getting canned would be pretty unlikely. That being said I switched out my sites to comply right away.

Models employ dmca companies. These companies need to look like they are doing something in order to get paid a retainer month to month. Sadly the models have no idea they are shooting themselves in the foot.

Using images from the api is allowed. If a broadcaster does not want to be included in affiliate network sites they have the ability to opt out. Once they opt out their images will no longer be available.

In the event you receive a DMCA forward it to [email protected] and let them know images are from the api. They will go in and opt the broadcaster out of affiliate network websites.

What about screenshots?

And then you have to pull the links, pics and any profile info that you've wasted time creating?

I sent you an email but can you square up what you state above with what support told me below: