09-01-2011, 04:01 PM
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Too lazy to set a custom title
Industry Role:
Join Date: Aug 2002
Posts: 55,270
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Sex and the DMCA
Good article today.
Quote:
Creators of adult-oriented content already face a great deal of extra challenges when it comes to protecting their work.
The very nature of their business, in many circles, creates disdain for the industry and, as per the unwritten ?fifth? fair use factor, they are seen as ?evil?, thus harming their chances in court.
But the social stigma and discretion that comes with the industry has yet another potential problem, DMCA compliance. Because, while adult content enjoys all of the same copyright protections as other forms of material, the compliance with DMCA notices that an adult provider sees is, likely, much lower.
As someone who regularly files notices on behalf of adult content creators or against hosts specializing in adult material, I?ve noticed a trend where, while most DMCA notices see a compliance of around 95% or above, the compliance with adult content drops to 75% or below.
Sadly, this isn?t just an issue for people who are producing pornography as a lot of adult-oriented sites also end up hosting non-pornographic content. Think, for example, what happend to Lara Jade has her images were used on the cover of a porn DVD.
The problem, for the most part, isn?t content-neutral hosts (including file lockers) but rather sites aimed directly at hosting adult content. These hosts, in general, tend to be the least cooperative and, even when they do cooperate, often take the longest and do the least amount possible to resolve the issues.
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full article --> http://www.plagiarismtoday.com/2011/...-and-the-dmca/
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