DMCA Request

[iampink]

We received a DMCA request for an image on one of our affiliate content sites, so this image came from a program that we are an affiliate for. I'm not going to make an issue out of one image and will remove it, but what information should the person sending the DMCA provide to make this valid?

This came from a gmail account, he provided a name, address and phone #, but that doesn't mean much. Also, there was no mention of the copyright holder, it just said he is acting on behalf of the owner - this lacks any supporting info.

What info do you require for a DMCA notice?

Here is the email minus the contact info

My name is <name> and I am working on behalf of the owner of the following photograph which are being hosted, displayed and made available on the web at the following hyperlinks below. This letter isha notification under the provisions of Section 512(c) of the Digital Millennium Copyright Act (?DMCA?) to request removal of the infringing materials. i have already made the same claim to <program name>, under whom the images are attributed.
I have a good faith belief that use of the materials set forth below and in the manner complained of here is not authorized by the copyright owner, its agents, or the law. The information provided here is accurate to the best of my knowledge under penalty of perjury.

My current contact information is included below next to my signature and please send me a response indicating the actions you have taken to resolve this matter.

[DWB]

I would contact the company you got the content from to confirm it is legit or not. If it's not legit, send him a counter DMCA and tell him to kindly sod off. If he involved your host, they will want a counter DMCA as well.

[iampink]

Thanks DWB

[V_RocKs]

Don't listen to him... He is the biggest offender ;)

[DWB]

Originally Posted by V_RocKs

Don't listen to him... He is the biggest offender ;)

Iz in ur website steelin ur shit.

[astronaut x]

ex girlfriend content?

[iampink]

Originally Posted by astronaut x

ex girlfriend content?

Yes, no, maybe...amateur pregnant.

[RKLover]

Originally Posted by iampink

We received a DMCA request for an image on one of our affiliate content sites, so this image came from a program that we are an affiliate for. I'm not going to make an issue out of one image and will remove it, but what information should the person sending the DMCA provide to make this valid?

This came from a gmail account, he provided a name, address and phone #, but that doesn't mean much. Also, there was no mention of the copyright holder, it just said he is acting on behalf of the owner - this lacks any supporting info.

What info do you require for a DMCA notice?

Here is the email minus the contact info

My name is <name> and I am working on behalf of the owner of the following photograph which are being hosted, displayed and made available on the web at the following hyperlinks below. This letter isha notification under the provisions of Section 512(c) of the Digital Millennium Copyright Act (?DMCA?) to request removal of the infringing materials. i have already made the same claim to <program name>, under whom the images are attributed.
I have a good faith belief that use of the materials set forth below and in the manner complained of here is not authorized by the copyright owner, its agents, or the law. The information provided here is accurate to the best of my knowledge under penalty of perjury.

My current contact information is included below next to my signature and please send me a response indicating the actions you have taken to resolve this matter.

It's simplest to pull the content on the first request. Then you don't have to deal with the second.

[iampink]

Originally Posted by RKLover

It's simplest to pull the content on the first request. Then you don't have to deal with the second.

Agree, but shouldn't there be verifying reasons why the content should be pulled? Shouldn't the program owner be responsible and notify affiliates to pull content?

[BIGTYMER]

Just remove it and move on.

Legal troubles are the last thing anyone wants.

[EliteWebmaster]

Legally, how quickly does a person have to remove the illegal content after receiving the DMCA to fall under Safe Harbor? 24 Hours, 48 hours???

[EddyTheDog]

Originally Posted by EliteWebmaster

Legally, how quickly does a person have to remove the illegal content after receiving the DMCA to fall under Safe Harbor? 24 Hours, 48 hours???

Would this fall under the DCMA and safe harbor - I don't see how it fits and of them?

Its all so bloody complicated.

[Petra]

If you don't think it's legit just mail the program. Sometimes the boyfriends/husbands/models themselves are brave enough to send DMCAs when they really have no right to the content hoping that the sheer fact it's a DMCA will make you act.

I've found when I state I'm checking with the program before taking down the content, I never hear from the person again.

[Nathan]

You put up the image directly, you do not fall under safe harbor. They would not even have to email you a notice, they could have just sued.

You would have had to take the lawsuit and sue the affiliate program you got it from in return for the money you lost because they claimed its their content.

I would take it down, one image, much easier.

[EliteWebmaster]

Originally Posted by Nathan

You put up the image directly, you do not fall under safe harbor. They would not even have to email you a notice, they could have just sued.

You would have had to take the lawsuit and sue the affiliate program you got it from in return for the money you lost because they claimed its their content.

I would take it down, one image, much easier.

Sorry, I should have been a bit more clear about my question regarding the provision about Safe Harbor. I was referring to "user submitted content" (ie tubes). Assuming it's user submitted material and you get a DMCA, how long does the site owner have to remove the illegal content video under Safe Harbor? 24 hours, 48 hours, or longer?

[DWB]

Originally Posted by iampink

Yes, no, maybe...amateur pregnant.

Ohhh, if it's "user submitted" content from a sponsor, pull it. Disregard what I said before. Too many amateur and GF style sites do not have rights for their content.

[Nathan]

Originally Posted by EliteWebmaster

Sorry, I should have been a bit more clear about my question regarding the provision about Safe Harbor. I was referring to "user submitted content" (ie tubes). Assuming it's user submitted material and you get a DMCA, how long does the site owner have to remove the illegal content video under Safe Harbor? 24 hours, 48 hours, or longer?

There is no set number today, but within 24 hours is presumed possible. Missing this by a couple would likely not make you totally lose safe harbor though.

[DWB]

Originally Posted by Nathan

You put up the image directly, you do not fall under safe harbor. They would not even have to email you a notice, they could have just sued.

What if the image came in via a hosted banner, FHG or RSS feed?

[adultforum]

Too many questions.

[247mg]

We ignore this email until we receive proper DMCA notice with original detail of copyright owner and original area where the image is currently located.

[iampink]

Thanks everyone for your replies.

[EliteWebmaster]

Originally Posted by Nathan

There is no set number today, but within 24 hours is presumed possible. Missing this by a couple would likely not make you totally lose safe harbor though.

Thanks for the info Nathan. I had always wondered about how strict they would be about things like that. Because not everyone is able to check for DMCA notices every day unless they have a team to do it on a consistent basis and for smaller tube owners, checking it once every couple of days is more feasible.

[RKLover]

Originally Posted by BIGTYMER

Just remove it and move on.

Legal troubles are the last thing anyone wants.

Exactly. And it's "only" legal problems if your lucky.

Everyone here knows that 1/3 of the money paid out to studios in many countries goes to organized crime for protection, right?

I've know more than one Gal having problems getting their content removed. Most recently, one could not get a Sponsor to remove her content. I suggested lawyering up. She decided to ask her Russian Mafia ex-boss to help instead.

Why would anyone want to get that kind of attention? I pull the shit down on first request