Help getting Xhamster to delete stolen videos
 

Long story short we have some voyeur videos we sell that someone stole and uploaded to Xhamster to promote their website. We reported the theft but Xhamster refuses to delete the videos since we do not have model releases. I've shown screen grabs of how the thieves cropped our logo and showed that we have the original raw video file.

The worse part is Xhamster admitted the thieves haven't replied or tried to counter my claim! It's been a month so how can I get Xhamster to get off it's ass and remove the stolen videos???

Use this form:
https://xhamster.com/info/contact?subject=dmca

Read all instructions before submitting or you'll be ignored.

or hit me up on Skype and I'll help you.

1. you should have model releases (otherwise the video may just be illegal itself)

and

2. xhamster doesn't require model releases with their DMCA form and they can't even require that as a model release contain private information and it is none of their business to access that

Never had problems getting our stuff deleted on any of the big tubes TBH.

Never give anyone the fucking releases unless they paid for them. Sounds to me like Xhamster is trying to steal the rights.

Well the thieves are part of Xhamster's affiliate program so Xhamster doesn't want to remove the videos since they will lose money from people joining the thieves website.

All the other tubes have removed videos for me it's just Xhamster for some reason will not and it's frustrating.

was going to say this, how come the "thieves" got hold of this content without model release anyway? How would you "candidpro" be selling or displaying content without model release.

Dummy up some fake model releases because I guarantee they won't know the difference.

Otherwise track down their business number and address and have your lawyer send them a hostile letter.

Helping out thief to fight another thief? :1orglaugh

You have no problem stealing peoples privacy but do have problem with others stealing it from you? Wow

Whatever happened to that tube lawsuit to name the people using "user accounts" to upload stolen content?..
It's probably someone at XHamster doing it and pretending to be an affiliate, or pay people under the table to do it and they'll look the other way..... :x

How you figure???

If someone stole my videos there would be no fucking way in hell I would give them a copy of my releases. So yea... I wouldn't think twice about giving them fake releases.

AND

If after that I find them using my videos again then I would call the cops put in a complain that they're using performers without the required legal documentation. I've even once got my stuff deleted off the web by saying the performers were under age but unfortunately that's not possible when the broad in the video is obviously in her 40s.

Why don't you have model releases?

Are those voyeur videos real, so people were filmed without their permission?

how did you come to that conclusion? probably a misunderstanding. they are an honest company. been working for them in past. i sent them this thread and somebody will probably address it tomorrow morning if you leave your contacts somewhere.

Someone DMCA me a new project I'm working on and got my URL removed immediately, like my main URL, even when I cooperated.

https://support.google.com/legal/tro.../1114905?hl=en

Check that out, it's a start. You probably already know to do this.

Anyone can have a copy of a video but what proves ownership is releases. Someone that has a copy of the releases can sell and distribute the footage as if he was the owner of it.

Trust me if I found my stuff on xHamster I would give them fake releases.

As for who I am.... People only know who I am when they're either doing business with me or when they've tried fucking me over. So Xhamster can go fuck itself.

xHamster are good people.
This story is fishy.. no model releases? Voyeur content? What kind of? Any samples?
Which is your affiliate program?

But again: no paperwork for your content? It can not be online at all than... :pimp

I have to agree with Matyko.

How the heck can you claim this material is yours without a model release.
I will go a step further even....
This sounds like you have sneakily recorded girls in the bathroom while they were peeing and are publishing a video without them knowing and without their consent.
Did you even bother to check the age of your models?

hey motherfucker, I've heard this is 'your site' :

http://netconvert.net/screenshot_3.jpg

Is that true? :pimp :2 cents: :helpme

Two simple questions for you:
1. You assume that someone posts Videos on xHamster that belong to you. Please provide any documents that can prove that. If you do not have Model release forms for videos, that means that they are not of your ownership and you sell them Illegally.
2. Candidking - you are the webmaster of that site? Correct?
Some persons on the screenshot above look too young for me. Can you please provide any proof that they are of Legal age?

hello Sparky! nice to see somebody from xHamster around! those guys are professionals. i'm sure you guys will be able to resolve the issue. it's basically all matter of proving the ownership.

is this new thing in 2017, shoot voyeur videos without consent and make profit. ?

awesome - film people without their consent, put them on a porn site and monetize them, and then complain cause people tell you to fuck off cause you have no docs.

That is the problem with real voyeur stuff.. it can't be legal just in principle. It is either fake or illegal.

You don't need model release to claim autorship, nor you need model release to prove it.

You become author the moment you created something and should mark you work.

If he watermaked his video, the watermark is an identification of the author, so he is the author unless someone elses PROVES otherwise. So.. if someone published a video with watermarks cropped off, it is his DUTY to prove his authorship as he edited the originally marked work.

If he showed you the originals with his watermarks, it is the duty of the other uploader to prove otherwise.

If the other uploader can't prove authorship, you should delete it. :2 cents:

The legality of his videos is another question.

So someone posts video on Planet Suzy or what ever the forum name is. This asshole(the OP) takes it and slaps his watermark. Now, another thief crops video and re-uses it. You telling me that #1 thief is better than #2?
How does #1 "prove authorship"..

OP went in to hiding
I can guarantee that almost all of his nude beach, mardi gras and fantasy fest content is stolen from user forums. I can tell by looking at preview thumbnails. I also see Berlin Love Parade shit there. I know the guy who filmed it.

What's the justification for this????? - ** Adapt or Die ** -
Or is this an incident where the comment about "** Don't know how the Internet works **" should apply because idiots claim that you can film whatever you want in a public place and post it online without anyone's knowledge or consent

Copyright is enjoyed (legally in effect) the moment any work is created and it applies to ALL parties that were part of its creation. A release is required for the talent (performers) to quit any claim they may have to the copyright.

Or at least that's the legalities of how it's supposed to work

But in practice anyone that has a copy of the releases can claim that they're the owner of the copyrighted material. If you give someone a copy of your model release you're effectively giving them permission to do whatever they want with your product.

This is why YOU SHOULD NEVER GIVE ANYONE A COPY OF YOUR MODEL RELEASES unless they actually paid you for them.

Xhamster is just another bunch of crooked piss ass cunts hiding behind DMCA only they're taking it one step further by asking people to provide them with model releases. Quite frankly someone should create a Tubesite-Leaks site where the names, phone numbers and physical addresses of tube site owners can be posted. This bullshit will never end until someone goes old school on their faggot fanboy asses.

You did not read my post carefully.

YOU SHOULD ALWAYS MARK YOUR WORK. That is how you publicly claim your authorship.

If he stole UNMARKED voyeur videos and marked them with his own identificator, it is the duty of the original owner to prove he is the author. He can prove that by other means - e.g. witnesses or showing them the unedited footage with a model holding a form of author identification at the begining etc.

Model release contains private information regarding other persons and you can't share that information with other parties. At least not here.

You can't transfer the model release to anyone. The model release was created between the model and the author/producer. Authorship can't be transfered. You can only issue a license to the content you created - this way you can sell exclusive rights to other parties.

The model release contains information and signature of the author. At least in my case. So even if someone provided the model release to other parties, how does the new "owner" prove the author details and signature in the release belong to him? He would have to fake his own ID.

Sorry dude, that is a total bullshit. :2 cents:

^^^^ this

It's not total bulshit and I'm talking about "In practice not what's legal or not."

A distributor can only legally distribute your DVDs if he has a copy of the release. No copy of the release means he can't do jack shit.

But on that note we're not just talking distribution because I've also had a former distributor SELL my videos using only a copy of my releases. It was a fucking nightmare getting the problem solved and all because he had a copy of my releases. Unfortunately there was nothing I could do about that and in the end I lost money because of the asshole.

So if you don't get a phone call from someone telling you that some asshole with your video and releases is distributing it as if it was his own... you're financially fucked over.

Legalities are for lawyers whereas this is the porn industry. If there's a way to make a quick buck some faggot fanboy will stoop as low as needed to do it.

No, he needs a license. Nobody (except authorities) can legally ask for model release. That's why the big porn studios use lawyers as custodian of records.

Once again, a model release contains private data about models and since this is pornography the information is of specially sensitive character. Sharing or selling personal data (except providing them to authorities with their legal claim) could be a penal offence here.

In addition, my model releases contain a special part regarding discreetness. So I can't even share the individual conditions of the model release.

My releases don't have a conveyance clause in them.

They have the name of my company, a performer consent, an attestation of their age with a reference to their ID and a cessation of their Rights.

As long as they contain name, address, date of birth, photocopy of ID and/or other data that allow for identification of a particular person, they are considered private and protected by law.

I am sure these laws are the same in any civilised country. At least in EU.

Nice offer Alex ! :thumbsup

This is exactly right, the thief has done nothing to prove he didn't steal the work so why is Xhamster not siding with me by removing it when I proved he cropped my logo out??

probably because xhamster stipulate to their users that any uploads with watermarks will be rejected (ie: please crop all watermarks before uploading, thanks).

Perhaps I need to explain this in your native language, if I knew what it is. NO, slapping watermark isn't your authorship. it simply states you have a website. Model release, purchase order is your claim. Simply renting DVD, ripping it and adding watermark isn't your "proof of authorship".

Because you do not own permission of person filmed nor can establish ownership of the video itself. All they know you could have taken video, cropped it, added your own watermark. Now next guy cropped it again and did what you have done.Whats so difficult to understand?

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: