DCMA vs Your RIGHT to Original Content

[bigreg2007]

In regards to homegrown sites/porn sites

From my understanding the DCMA Notification protects the owner of the site from content that is/was uploaded their site illegally.

If a photo or video is found to be uploaded illegally or without consent of the "original" owner, the owner of the site can remove it without fault.

My question is this:

What if the "content" in question belongs to YOU [the site owner]?

If YOU [the site owner] owns the content in question and someone wants you to remove said content what rights do YOU have?

How do you prove its your content?


Everyone is welcome to answer this but I'd especially like the opinions of web gurus and adult site owners. Set me straight.

 

[lossless499]

you need to have releases and proof of age on file for everyone appearing in the video.

i'm no expert.

also, i've heard most of the content on tube sites is illegal (stolen or without releases). supposedly the gov is going to clean it up one of these days. esp since porn studios are pressuring them since they're losing so much money.

 

[freshnclean]

1) Model release forms signed from all participants...U can find these online from a simple google search


2) A copy of 2-3 forms of their I.D. ...

A) One of them has to be government issued(i.e. drivers license, ss card)

B) One of them should be a photo I.D.(drivers license, etc)


3) Before and/or after the clip, put the 2257 disclaimer in there, with your company name and info. Usually you will have to put the company/entity name in the statement, and the address of where the records are kept in the 2257 disclaimer.


Anymore questions holla

 

[bigreg2007]

you need to have releases and proof of age on file for everyone appearing in the video.

i'm no expert.

also, i've heard most of the content on tube sites is illegal (stolen or without releases). supposedly the gov is going to clean it up one of these days. esp since porn studios are pressuring them since they're losing so much money.

Hmmm...interesting. Especially the bolded.

 

[bigreg2007]

1) Model release forms signed from all participants...U can find these online from a simple google search


2) A copy of 2-3 forms of their I.D. ...

A) One of them has to be government issued(i.e. drivers license, ss card)

B) One of them should be a photo I.D.(drivers license, etc)


3) Before and/or after the clip, put the 2257 disclaimer in there, with your company name and info. Usually you will have to put the company/entity name in the statement, and the address of where the records are kept in the 2257 disclaimer.


Anymore questions holla

Good up Fresh. And yes I'll be contacting you about some things I'm working on.

It sounds like you own a site or two.

Answer me this:

If a person, on your site, who has made an account [ala rude dot com or what have you], uploads their content to your site, can they later say "I dont want it on their anymore so take it off"

OR

do you [the site owner] now OWN the content?

 

[bigreg2007]

..........

 

[freshnclean]

I have a few friends that are into it, I usually have the fly on the wall mentality when they start choppin it up..

 

[bigreg2007]

bump

 

[Mixd]

You would have to ask the person to remove it from the site. It's typically hard to go after site owners legally unless they are that large. For smaller sites, its really not worth getting a lawyer to remove content, you can send them threats and they should remove it. But taking someone to court when the factors of trying to find the owner of the site and all the legalities that protect some site owners, its pretty hard.

Porntube and the like type sites cover their asses by putting a terms of service stating basically "if you want something removed let us know"

It's sad but good for the perv, hard for companies to fight these loopholes.
Imagine going to sue a site and actually standing in front of a judge, what kind of ruling would you expect to gain from a free site? How can you prove that they gained X amount of views or advertising dollars because of your video that was shared.

 

[Mixd]

My question is this:

What if the "content" in question belongs to YOU [the site owner]?

If YOU [the site owner] owns the content in question and someone wants you to remove said content what rights do YOU have?

How do you prove its your content?


Everyone is welcome to answer this but I'd especially like the opinions of web gurus and adult site owners. Set me straight.

Sorry I just read this in it's entirety. Look if YOU own the content, as in you bought it or shot it, and you have their release forms with 2 forms of ID for ANY AND EVERYONE in that scene, even if they did not perform the sexual act, then they can go fuck themselves. You own it, they cant tell you take down shit...

Case in point, I know some people who buy content and the guys who produce it. Meaning, someone shoots a scene. He resells it to a few site owners, and they have a right to show the footage on their site as an agreement with the producer of the content then that performer in the scene cannot tell you to remove anything.

No one can tell you to remove a scene if you own it. If they want it removed then they gotta come with the benjamins, its your decision.


Why don't you explain the situation in a lil more detail. I can explain your options.

 

[Mixd]

Good up Fresh. And yes I'll be contacting you about some things I'm working on.

It sounds like you own a site or two.

Answer me this:

If a person, on your site, who has made an account [ala rude dot com or what have you], uploads their content to your site, can they later say "I dont want it on their anymore so take it off"

OR

do you [the site owner] now OWN the content?

No the site owner does not own the content, this is the situation Facebook was in the news about late last year. Of course this isnt a sex scene, but it is really left to your terms of your website, but if a person is the creator of the content and they did not give you a release form giving you rights, then you cannot own it without doing a release and two forms of ID.

 

[bigreg2007]

Thanks for your input Mixd.

I'm asking these questions because I'm starting a site that will feature homegrown...some original [self shot]...some not.

I got some hoes sending me their footage and what not but I dont have an agreement set in place [yet] and I have not collected ID's.

 

[lossless499]

Thanks for your input Mixd.

I'm asking these questions because I'm starting a site that will feature homegrown...some original [self shot]...some not.

I got some hoes sending me their footage and what not but I dont have an agreement set in place [yet] and I have not collected ID's.

yea, if you're doing things that way you need to have all paperwork official. if they send it in to you, you might wanna have them get it notarized.

honestly, im against ppl submitting shit...better off shooting all the content yourself. at least then you can control the look of the scenes so they're not to dark or whatever.

trust me, finding bitches to be on camera is the easiest part about all of this shit.

you just dont wanna have content with no papers. b/c if the alphabet boys come knocking you'll do time.....

this is some shit you have to do right.