Quote:
Originally Posted by AdultKing
If the DMCA is so broad as to cover the whole site/domain and not just the image in question then it is not valid and you should issue a counter notice.
If you believe that the use of the image constitutes fair use then you should also issue a DMCA counter notice.
DMCA is not a one way street, if you issue a DMCA counter notice then the content can remain and it's up to the rights holder to take the issue to court. Then a much higher standard applies with regard to evidence and the interpretation of the DMCA.
As for Chaturbate, if they provide an affiliate feed with images then it's implied that those images may be used by affiliates for the purpose of promoting Chaturbate, so that would constitute fair use.
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I did file a counter to the claim for the second time. It seems this particular model keeps issuing them for different urls however. I also contact Chaturbate and had her removed from the feed but it seems she opted back in and is now back to issuing notices.
Quote:
Originally Posted by GspotProductions
I don't know if Chaturbate is the same as AdultWork. But if so, and i'd have thought it was, there's the option for the model to allow the content or not in the user profile area. I would have thought Chaturbate has the same.
If you've used links, images & content given to you with permission by Chaturbate, i'd pass the relevant information onto Chaturbate support & let them deal with it.
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I did pass this on to Chaturbate and they took her out of the feed. I assume she lost traffic and opted back in and also started issuing dmca notices. Chaturbate allows models to opt out of advertising but it seems this model wants advertising but doesn't want her images used.
She also claims that Chaturbate support stated, "Affiliates are only supposed to use the images live, and not store images on their sites/servers".
I couldn't find anything in the affiliate terms stating so. This also would put all Twitter accounts, tumblr sites and custom sites in violation.