I'm an affiliate being sued now.....LOL...cant belive how poor the industry has becom
 

To J. Scott
It has come to our attention that you have been using XXXXX XXXXX a.k.a. Marisa?s Heaven?s Pictures without permission or compensation. This will cease immediately and all outstanding dues for use of my client?s media will be paid immediately. And a failure to do so will result in more and escalating bills as well as future Legal Action. Furthermore you were not given any permission to use the media in the first place. Our current charges for use of the media pertaining to any image of XXXXX, Her Likeness, or name(s) are $10,000 a month USD. By our calculations your current outstanding balance is _ months at $10,000 a month USD = $_ USD due immediately. XXXXXX has asked you in the past to remove the media and you have refused. We expect the matter to be dealt with immediately or we will use all legal means at our disposal to solve our dispute and you will be paying for our time as well.
We will accept cheques or money order as payment. All Payments are to be forwarded to:

XXXXXX c/o XXGirls

XXXXXXXXXXX

Toronto ON M5S 2H4

For all other payment arrangements and any information needed please contact Chad XXXXXXX Co ? Founder and President of XXXXXGirls at XXXX-455-1128

you were using thier media to promote thier program and now they are charging you for it?

basically it's like this

"somebody" opened a solo girl site, i promoted it, now i guess the site shut down and then the "real owners" of the content (i guess) hit me up saying that "i'm going to pay them" for illegally using their content (or something like that)

"XXXXXX has asked you in the past to remove the media and you have refused."

Is that true? If so, you should have removed it in the first place.
Still.. it sounds like a bullshit email/letter trying to sucker you in to pay them money.
Sounds like a 15 year old wrote it.

Take down the content and links and forget all about it. It never happened.

Note: Your not being sued. Just a scary email.

I know someone who had something similiar happen to them. They got a threatening letter to take down the content. They did it and got a thanks for doing that e-mail. Six moths or so later the person who asked for the content to be removed must have been short on cash or something and decided to actually go ahead with the lawsuit. Eventually the lawsuit was thrown out, but legal bills were over $70K

Exactly :)

The way you described it, this was delivered by email. I'd just comply and not worry about it. If they were serious about coming after you for damages, it would have come by registered mail and on a letter head full of international offices of the law firm they used. Just comply to their request and it will more than likely go away.
WG

Yeah, this sounds like a broke loser looking to make up for his failing business. If they were serious, they'd have sent it by mail, and had someone with a grammar level past 7th grade write it.

Did you have a DMCA notice on your site ?

Did they comply with the notice requirements ?

Not that easy to sue someone for copyright infringement especially if you have a legally valid DMCA take down policy.

Also most people dont understand that until the content is copyrighted, they cant sue. Its requirement #1 for filing a federal copyright lawsuit.

Thats why this happened.... they were waiting on the copyright. It can take several months.

With copyright claims, waiting to file only helps the plaintiff since if you keep up their content, damages increase.

Funny april fools joke

If it were that easy to sue you for this, google wouldnt be around. DMCA notices are even worthless at this point.

If you live in the states it is that easy. Hell I could sue you for making the post I am now quoting. On top of that I could make you spend a bit of money defending yourself and keep it dragged out for damn near eternity.

The grammar and punctuation in that email make baby Jesus cry.

Damn,they aren't fucking around

..............

Maybe so but when you lose the defendant could counter sue you for legal costs.

haha, first they have to find you ;)

I sure hope it wasn't an attorney.

I'm an affiliate being sued now.....LOL...cant belive how poor the industry has becom
+++++++++

What do you mean "has become?

Online pornography never had a sterling rep.

I think he meant poor in the monetary sense. I need cash therefore I'm going to find someone to sue.

Take it down and forget about it. It is god damn difficult to sue anyone for theft of content these days.

Hey, whats the name of the solo girl? Not Marisa's Heaven but her other name. Would like to delete her content from my sites if we are promoting her aswell. Thanks anyway.

You miss the point, then again it is just more legal fee's. Where in the end everything will get tossed out at best, as this is not a contracts case. Gets ugly when say the original person filing suit either is a lawyer or gets free lawyer fee's from a friend or relative.

why is the company xxxx'd out? a toronto firm i see, who is it?

Write them back and tell them you're 15 and if they contact you again you'll tell your parents you're being harassed by a pornographer.

I used to run her site, to which she signed a model release form/etc for, and she most likely just had someone write that up so that you'd take her gallery down, this is the first time I'm hearing of this :Oh crap

But obviously it's BS, it's just an attempt from her to get you to take her stuff down...

By the way (to some of the replies) It's *NOT* the owner of the content, which is me, since she signed a model release form. It's the model, Marisa, trying to scare you into taking the content down because she doesn't want it online...

Yep, I've received similar messages from random models just for listing them. No pictures, just their names...and they think that shit flies or something. Just laugh at their own misfortunes, remove it and that's that. :1orglaugh

LOL my friend knows a big black guy that rides a yellow motorcycle... for a sensible fee, he will fuck your enemy in the ass... maybe you should send him there.

Anyways, take down that shitty content, and have anyone you know that it down... that guy won't have any business. fuck him.

So basically she is commiting fraud, because you are the owner of the content... someone could sue her.

What a bitch. :321GFY

If they take you to court just shut your site down, erase all files .

hit me on icq, i'll let you know the exact details

hit me on icq, i'll let you know exactly what i know also........just to be extra safe i wont even mention her stupid names in this thread (130321510)

:1orglaugh

i'd think so, anybody know if i could do this? i would really like to

hey there, long time no see

Such a laughably bad email, a long way from you "being sued now". Really, it fails even as a demand letter.

My best one to date was from an artist. She did a work for hire (work for hire being expressly specified between us) set of drawings for me, incorporating my URL into the graphics at my request. For various reasons I never got around to using them on my site, mostly because it's still years overdue for a facelift. Couple years after commissioning the art, I got an email out of the blue claiming that I was "in breach of her rights" because I never used the art, saying that she'd "contacted a lawyer" and that he'd advised her that all my rights to the art were forfeit, and that I had ten days to return her original drawings or else.

Needless to say I told her to go fornicate with her imaginary lawyer.

I seem to remember that the model didnt want people in her local area to know she was doing porn so the site used to ban Canadian IP addresses from being able to access the site. She is obviously pissed that even though she closed the site that her pics are still found online and is therefore trying to BS affiliates who havent got around to taking down the pics.

that's right. no drama.

Wow... I think she is tired of family dinners where she is asked about taking anal.

yah your right

btw i like your avatar ::thumbsup :thumbsup :thumbsup

This "letter" is definately not from a lawyer! :1orglaugh

at what point is the content copyrighted? do content producers have to do some full blown 'filing' with the feds to have their content 'copyrighted' ?

is it acacia?

maybe it's DL?

yes, library of congress.

That e-mail is just dumb. Ignore it.

Copyright attaches upon the moment of creation, however, in order to file a copyright lawsuit in federal court you will need to attach the registration. Registration requires the creator, not the owner, to submit the content to the US Copyright Office. Unless as an owner you have secured the rights from the creator.

If you are an owner, not a creator, you need to secure an assignment/work for hire from the artist. Without the creator giving you the rights to the content in writing, the best you have is a non-exclusive license from the creator which can be withdrawn at any time.

In this instance, I cannot tell whether the letter to JScott came from the model, owner or creator. If its from the model, her copyrights to the images transfered upon signing the model release. If its from the owner, he/she might not actually own the copyright to the content unless there's an assignment/work for hire. If its from the creator ask for the copyright registration.

If its the model as opulence states -- she's probably SOL since according to him signed a Release, however, she can still claim Right to Publicity, Right to Privacy and Quantum Meruit. Dont assume just because you have a signed release everything is okay.

replace the galleries with a differnt girl and rename it and tell them to go FUCK themselves

great post from pornlaw

Thanks. This is one of the most overlooked areas of law in this biz. Most people think that since they paid for the content they own it. Not true.

I handled the buy-out of a DVD company by another DVD company and none of the scenes had an assignment of rights. They were virtually worthless since the DVD company did not own them outright.

I had to track down all the shooters/directors/editors and get them to waive their copyrights in writing for the sale to go through.