Quote:
Originally Posted by Robbie
Wow. So that means that IF a tube or torrent or any other user upload freesite KNOWS for a fact that something is infringing then it is THEIR responsibility to clean up their own fucking site like the rest of the world?
So if there was a video on a tube site that is say....a Lightspeed vid, and the new owner KNOWS that Steve doesn't have an "account" with him and it was pointed out plainly to him right on this very forum including the URL to the offending vid on the tube site (because you know...the new owner doesn't know who Jordan is or Tawnee...even though he says he knows the online biz real well), then that tube site could actually NOT be protected by the safe harbor anymore?
Is that what you're saying? Damn. It sounds like that is something that hasn't even been worked yet.
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yes, from what i understand. the tube site is protected under the DMCA as long as the owner doesn't have direct knowledge of the infringement. when they find out about the infringement they must remove it immediately or they won't be protected under DMCA.
google is a prime example of this because you can upload any video you want and it will appear. it might not stay up long if it doesn't meet their terms, but it will appear. they don't review and approve each video.
tubes on the other hand are different because pretty much all of the videos are uploaded by the owners and sponsors who decided "if you can't beat them, join them". if you can prove that the owner uploaded the video the tube is fucked.
whenever "work" is created it's automatically protected under copyright so if one of your videos is on a tube site then you can go after the uploader personally. it costs about $500 for a lawyer to go after the uploader but i'm sure the tube owners have figured out how to get around the whole user IP thing. if your work is copyright registered then the uploader can be sued for up to $150,000 without showing lost revenue.
registering certain videos can be a good idea, especially if it's a popular one on tubes. videos can be registered online for $35 each or you can register a compilation.
http://www.copyright.gov/