Content discussion
 

Let's say I shoot exclusive content for my paysite.
Then someone uploads it to pornhub.
How exactly can I prove I own it? Actually, most of us can not present any proof of ownership since the only documents we have are model releases and ID scans, right?

Any thoughts?

It's called a copyright.

The most practical answer is just to stamp your domain all over everything before you release. Make it too big to easily cover, and make it pop up, left, right, above, below, randomly every few minutes. :2 cents:

This is the easiest thing to do. It still won't stop some of them but it's better than nothing.

I've never been asked to prove I own anything and I've sent out 100s of DMCA notices. I just show them where the original works are.

You usually don't need to provide proof.
Just make sure you use an email on the right domain.

Beyond the fact that you shot and perhaps edited the content, as an artist this is still your intellectual property. You really should copyright everything you shoot, but if you haven't there are still a few things that work in your favor, such as the location of the shoot, if its your place or a place of someone who will vouch the fact that you were there shooting the content, also you must have project files from the editing program and the movies still saved somewhere on the timeline with cuts and transitions and such, if they sync up, thats in your favor as well! It really shouldn't be hard to prove the content is yours if you're taking this issue to litigation, but if you're just trying to get them to take it down under threat of litigation chances are you'd get blown off as most douche-bags do in this industry... Best thing to do is make a .png watermark in the lower right hand corner of the frame that is a constant. Yes rendering time my take longer, but in the least your work is marked, because intermittent plashes of your site's name can be easily cut out... Try doing this in the future. Make one file watermarked for publication and one file "raw" without watermark for your files, so that later you can use the content in other venues. Hope this helps!

registered copyright = statutory damages against infringers.

As far as Im concerned, the paperwork they fill out should have your company info on it stating you are complete owner of it

With regards to the DMCA: you do not have to provide proof. Rather, you state under penalty of perjury that you are the owner. The site in question is obliged to remove it, until the uploader disputes your claim of ownership of content.

If and when that happens, you'll have to take the uploader to court, where the model releases, ID scans, your testimony and the model's testimony will suffice to prove ownership. Of course, registering your copyrights will make it even easier.

Realistically, the scenario where your claim of ownership of the content actually gets disputed is an unlikely one. If a site you send a DMCA takedown notice to requests proof before taking action, they are already in violation of the DMCA. Your stated claim of ownership, under penalty of perjury, is all that's needed.