How to copyright your content for DMCA and infringements - GoFuckYourself.com

FightThisPatent · 09-25-2009, 05:26 AM

With all the chatter about tube sites and my postings about how content owners need to file for copyrights so they have legal grounds for DMCA takedown requests and potential lawsuits for copyright infringements, it is clear that so many have not filed for copyrights on their content.

After you file the initial copyright application, you then can file it monthly with new content that you have created. This simple process will give you the legal grounds to then sue for copyright infringement.

If you don't file for copyrights for your work, you make it alot harder on yourself in proving you are the copyright/content owner for a DMCA request, and without copyright filing, you have a really hard time at trying to use the legal path of copyright infringements to go after websites and hosting providers.

----

I contacted an attorney to ask him if he could provide some general guidance on how to file a copyright, so that content owners could be more informed. He said he would do it, but was reluctant because he didn't wanted to be flamed for trolling.

What i want to do is have this poll document how many content producers have not filed for copyright protection and would want to learn how.

I have asked the attorney if he would be interested in creating the guidelines and also maybe some package deal that allows him to review your application to make sure it was correct at some affordable price.

He said he would be interested if there was interest from the community.

----

For those that think that I am trolling/shilling for attorneys

I am trying to provide actual information that can help content producers have a leg to stand on. I receive no compensation for my time from this.

It costs money for legal action, but it is money well spent if it can prevent your content from further being stolen.

I respect this attorney enough to put myself out there to ask for him to give some help to this situation and to create a copyright package, where he can specifically help the content provider ensure their filing is correct. You can certainly do this on your own and go to http://www.copyright.gov/ and file it yourself, but I think it makes better sense to have an experienced attorney help you do it right the first time, and then you keep up with it on your own.

----

This thread will evolve to having some general guideline steps to filing copyright along with a posting later by the attorney of what he can offer to GFY to help them with this very important legal action.

--

For those that want to do this on their own:

http://www.copyright.gov/eco/

checkout their howto... if it looks confusing or unclear, then you'll appreciate and understand why having an experieced attorney guide you through the process so important.

Fight the stealing!

Evil Ryan · 09-25-2009, 06:36 AM

Anything that is 'created' does not need to have an actual copyright filing as copyright protection is automatic at the time of production i thought?

FightThisPatent · 09-25-2009, 06:47 AM

Quote:

Originally Posted by Evil Ryan

Anything that is 'created' does not need to have an actual copyright filing as copyright protection is automatic at the time of production i thought?

check out this FAQ on copyrights: http://www.copyright.gov/help/faq/faq-general.html

your question is answer by them:

When is my work protected?

Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

-----

Do I have to register with your office to be protected?

No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section ?Copyright Registration.?

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Why should I register my work if copyright protection is automatic?

Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section ?Copyright Registration? and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

-----

Fight the copyless!

FightThisPatent · 09-25-2009, 07:12 AM

for those that answered the survey "no", email me at brandon -at- fightthepatent.com

put in subject line: dmca (so that i can have my inbox filters put it in a specific folder)

i am talking to another IP attorney who is experienced with DMCA (and whom i respect). I am pitching them to come up with an affordable service that allows an attorney to handle the DMCA process.

I can email those that contact me with updates directly.

Fight the fight!

FightThisPatent · 09-25-2009, 08:06 AM

to clarify from an icq convo.. you don't need copyright filing to file a DMCA request.

you have to go through the DMCA process, below is copy/paste from pornhub.com/dmca:

DMCA Notice of Copyright Infringement

In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), Pornhub will respond expeditiously to claims of copyright infringement that are reported to Pornhub's designated copyright agent identified below. Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Pornhub reserves the right at its sole and entire discretion, to remove content and terminate the accounts of Pornhub users who infringe, or appear to infringe, the intellectual property or other rights of third parties.

If you believe that your copywriten work has been copied in a way that constitutes copyright infringement, please provide Pornhub's copyright agent the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pornhub to locate the material;
4. Information reasonably sufficient to permit Pornhub to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All claims of copyright infringement on or regarding this Website should be delivered to PornHub's designated copyright agent at the following address:

Email: [email protected]

We apologize for any kind of misuse of our service and promise to do our best to find and terminate abusive files.

------

i have heard that PH does take things down quickly.

So even with copyright filing, doesn't help to stop your stuff being stolen, because you have to police sites like PH, file the DMCA, and then they take it down, repeat process.

Forums, message boards, etc usually don't have a DMCA staff member to handle the requests, and most likely blow you off... so this is where you can then kick upstairs to the ISP/webhost and see where that goes. Some ISP are very good/sensitive to this issue and would then contact the offending website.

But, if all else has failed, and you have done all the correct DMCA filings you can, then you are left with legal actions... this is where filing for copyrights is needed.

---

I will be chatting with the folks at removeyourcontent.com as well, to kick the tires on their service and report back so that content owners will know their options.

Fight the copywrongs!

RyuLion · 09-25-2009, 08:14 AM

perfect timing man..
Most of my friends have TM their products..

FightThisPatent · 09-25-2009, 08:20 AM

Quote:

Originally Posted by RyuLion

perfect timing man..
Most of my friends have TM their products..

i will be filing for trademarks soon for my mainstream venture, so i will report on that process as i go through it.

i'll be filing for copyrights for my mainstream images in a couple of months, so i'll get firsthand knowledge at that point, especially after any guideline help from participating attorneys, as well as hiring one for myself to ensure thing are done right.

Fight the (c), tm & cya!

Jim_Gunn · 09-25-2009, 08:21 AM

Very helpful thread. I am sure that a lot of copyright owners could use these guidelines and use the service of an attorney to file copyrights & trademarks and send DMCAs, especially if they can work out a reasonable fee to make it easy for copyright owners to aggressively protect their works.

CaptainHowdy · 09-25-2009, 10:03 AM

Keeping this one ON TOP!

Si · 09-25-2009, 10:17 AM

This is the sort of thread that people should be starting

FightThisPatent · 09-25-2009, 10:58 AM

Just got off the phone with the ceo of removeyourcontent.com

the cost for their service seems to be reasonable, around $120/month per site. if you have a megasite, they have a tiered scale.

what they do is proactively scan various websites for your content. they use keywords (and we know how keywords can be defeated like in the napster days), they look for the watermark as a way of identifying.

I mentioned that some tube sites are cropping out watermarks so that does make it more difficult to spot, especially since their researchers don't know every single video content of their clients, so they have to rely on keywords and watermarks, unless they get used to spotting certain models, etc.

he said they have issued 7M+ DMCA requests and have connections to various places, like pornub, to submit. they do go upstream from the website to the host and to the domain registrar if they aren't getting responses.

He said only like 1 or 2 of his clients go all the way to filing lawsuits. Majority don't because of the costs involved in filing and the march towards litigation.

he did affirm that you should get your content file for copyrights, so that you have the legal basis to have the option to sue. You don't need copyright filing to have them or yourself file a DMCA request.

he said they offer a ticket system where clients can submit found infringements, but so few use it.

------

i would say whether you are using a provider like RYC or an attorney, you need to do the detective work yourself, because you know your content.

scanning the top 50 videos based on views in a niche to see if your content is there would help your DMCA agents out tremendously.

Some sites pay money to uploaders who generate views (like youtube). So the motivation by uploaders is videos that will get them the views. If you have great content, then yours gets ripped and posted.

many tube sites do allow you to sort by most viewed, so use that as your proactive way to find your stuff. don't rely on keywords.

once you find your stuff, you can submit the DMCA request yourself, or use a third party provider.

i am waiting to chat with some attorneys on what they offer to balance things out as far as what options content producers have.

bottom line, do something about your stuff being stolen like filing for copyrights and doing the legwork to find where your stuff is at and/or use external agents for DMCA. if you don't do any of this, then you are just crying tears of sand.

Fight the ostrich!

pornlaw · 09-25-2009, 12:03 PM

Sending in content for copyright protection is cheap and easy to do. We do it for clients but it is easier for them to do themselves.

The easiest way is to register for an online account with copyright.gov.

If anyone wants some help or for us to handle it on your behalf just hit me up via email at michael(at)fattlegal.com.

Great thread and it should stay on top. So many of my clients do not bother to secure copyright registration for their content and it hurts them severely. You need a federal copyright registration in order to be able to file an infringement suit in federal court. And with registration you can ask for statutory damages as opposed to actual damages which are much harder to prove. However, the registration has to pre-date the infringement.

Quentin · 09-25-2009, 12:06 PM

Quote:

Originally Posted by pornlaw

Sending in content for copyright protection is cheap and easy to do. We do it for clients but it is easier for them to do themselves.

The easiest way is to register for an online account with copyright.gov.

If anyone wants some help or for us to handle it on your behalf just hit me up via email at michael(at)fattlegal.com.

Great thread and it should stay on top. So many of my clients do not bother to secure copyright registration for their content and it hurts them severely. You need a federal copyright registration in order to be able to file an infringement suit in federal court. And with registration you can ask for statutory damages as opposed to actual damages which are much harder to prove. However, the registration has to pre-date the infringement.

Quoted with emphasis, because this is a crucial and oft-overlooked point.

- Q.

Hentaikid · 09-25-2009, 12:33 PM

What about registration with other copyright offices? I'm in Europe and I registered some stuff in the local office - will that work the same come time to sue someone in the US, for instance, if it comes to that?

FightThisPatent · 09-25-2009, 12:38 PM

Quote:

Originally Posted by pornlaw

So many of my clients do not bother to secure copyright registration for their content and it hurts them severely.

the ceo of RYC commented to me that less than 5% of his clients filed for copyright registration.

Fight the head shaking!

Evil Ryan · 09-25-2009, 01:09 PM

Speaking of DMCA stuff, this is something we are getting ready to roll out where you can send, track and record those sites you send DMCA notices to in order to track repeat offenders... dmcatracker.com still in the real basic form as we've only had the site scripting delivered recently without the bugs but it will give you an idea of what it will do

FightThisPatent · 09-25-2009, 01:17 PM

Quote:

Originally Posted by Evil Ryan

Speaking of DMCA stuff, this is something we are getting ready to roll out where you can send, track and record those sites you send DMCA notices to in order to track repeat offenders... dmcatracker.com still in the real basic form as we've only had the site scripting delivered recently without the bugs but it will give you an idea of what it will do

have you built this tool as something to help you with your own internal efforts? and then looking to open up to others? or, looking to be a third-party provider, like a RYC?

Fight the YMCA!

Major (Tom) · 09-25-2009, 03:19 PM

Correct me if I am wrong:

But if you created the work, it is automatically copyrighted and protected. The advantage of filing for a copyright entitles you to have "your" legal fees paid for upon receiving damages. You do not need to file a copyright to send a dmca and to seek damages. You just cant sue the infringer for your legal costs. filing does not give you any more clout in filing a dmca. If it is your work it is your work.
Duke

pornlaw · 09-25-2009, 03:20 PM

Quote:

Originally Posted by Evil Ryan

Speaking of DMCA stuff, this is something we are getting ready to roll out where you can send, track and record those sites you send DMCA notices to in order to track repeat offenders... dmcatracker.com still in the real basic form as we've only had the site scripting delivered recently without the bugs but it will give you an idea of what it will do

Very nice....What are the costs to be a member once you launch ?

pornlaw · 09-25-2009, 03:28 PM

Quote:

Originally Posted by DukeSkywalker

Correct me if I am wrong:

But if you created the work, it is automatically copyrighted and protected. The advantage of filing for a copyright entitles you to have "your" legal fees paid for upon receiving damages. You do not need to file a copyright to send a dmca and to seek damages. You just cant sue the infringer for your legal costs. filing does not give you any more clout in filing a dmca. If it is your work it is your work.
Duke

You cannot even file a federal copyright infringement case without the actual registration from the Copyright Office. It must be attached to your compliant. Without it you cant get into federal court. The advantage is statutory damages vs. actual damages.

DMCA is not the same, but if the site doesnt respond to your requests your next step is to file in federal court. At that point, it will take anywhere from 8 weeks to 16 weeks to get your registration back from the US Copyright Office. You can request a quick turnaround registration but that will cost over $600 per registration as opposed to around $40.

Thus for the time and effort involved it doesnt make sense not to file as soon as the content is created. Waiting actually puts you at a severe disadvantage.

Major (Tom) · 09-25-2009, 03:42 PM

Quote:

Originally Posted by pornlaw

You cannot even file a federal copyright infringement case without the actual registration from the Copyright Office. It must be attached to your compliant. Without it you cant get into federal court. The advantage is statutory damages vs. actual damages.

DMCA is not the same, but if the site doesnt respond to your requests your next step is to file in federal court. At that point, it will take anywhere from 8 weeks to 16 weeks to get your registration back from the US Copyright Office. You can request a quick turnaround registration but that will cost over $600 per registration as opposed to around $40.

Thus for the time and effort involved it doesnt make sense not to file as soon as the content is created. Waiting actually puts you at a severe disadvantage.

We file within 2 weeks max.
but hey, a cheap service that can do it im all ears. Im tired of paying 300 an hour for lil stuff like this.
Duke

pornlaw · 09-25-2009, 03:58 PM

Quote:

Originally Posted by DukeSkywalker

We file within 2 weeks max.
but hey, a cheap service that can do it im all ears. Im tired of paying 300 an hour for lil stuff like this.
Duke

$300 a hour for this ??? My paralegal ($75 an hour) can do this in an hour... depending on how many scenes/DVDs there are.

I will think about a fair price and get back to you on it.

Evil Ryan · 09-26-2009, 05:55 PM

Quote:

Originally Posted by pornlaw

Very nice....What are the costs to be a member once you launch ?

We havent really thought that deeply in to the pricing structure yet i literally found out about this service we're going to be offering 3 days ago however, initial discussion seems to be heading towards the $15-$20 a month price range for unlimited DMCA notices and there is going to be a 'free' option but those types of accounts with have extremely limited features compared to paid user accounts.

I just asked it also seems several attorneys have also expressed an interest in licensing this script for their own clients to utilize as well although i really wouldnt know anything about pricing for that you would be better off emailing lee directly lee @ gamediacorp.com if you wanted to talk prices as he has all that info im just the newbie marketing rep

Elli · 09-27-2009, 01:48 PM

Bump back to the top!

Tickler · 09-27-2009, 02:17 PM

Wouldn't a ® watermark be more cost effective, have greater reach, and $$$ penalties.

1 ® > 1000s of ©

And they can be encoded/searchable in the files

Pleasurepays · 09-27-2009, 02:28 PM

if this industry ever pulled its head out of its ass and wrapped its mind around the fact that there are statutory damages for copyright violations of registered work.. there would be a lot less theft and a lot more profit from going after those damages.. (er... a lot less rogue employees, i mean)

Peace · 09-27-2009, 02:50 PM

thank you for thinking of us...

FightThisPatent · 09-27-2009, 04:08 PM

Quote:

Originally Posted by Pleasurepays

if this industry ever pulled its head out of its ass and wrapped its mind around the fact that there are statutory damages for copyright violations of registered work.. there would be a lot less theft and a lot more profit from going after those damages.. (er... a lot less rogue employees, i mean)

if the content producers acted at the first signs of tube sites, they could have killed off the tube Moses baby sites... having their content copyrighted, filing DMCAs to these upstarts that didn't have a DMCA dept established, and would have slipped up and not complied... then strike with lawsuits.

But that didn't happen.... so baby Moses tube sites grew up with traffic, made revenue, and then started to pay attention to DMCA law, started to "legitimize" themselves by acquiring license for content as well as working with content producers to accept submissions from them, created their DMCA departments, etc.

so now, the big tube sites are here to lead the flock of freeloading porn surfers to the promise land of free porn.

it seems only the hand of DOJ could possiblely smite them down now for obscenity and 2257.

but all ye faithful in hoping the law/DOJ does the righteous thing, will have to wait for another burning bush to happen.

and now, moving on to non-biblical references......

there are many more tube sites that are and will pop-up to try and become a big tube star. so the diligence is needed even more now from content producers to protect their works and to take action.

Fight the porn testament!

FightThisPatent · 09-27-2009, 04:12 PM

Quote:

Originally Posted by Tickler

Wouldn't a ® watermark be more cost effective, have greater reach, and $$$ penalties.

that would be great, and content should be watermarked for those reasons.. but some sites that produce their own content, don't want the watermark, because its an obstruction/annoyance to have something on the frame.

also, some tube sites programmatically cut/crop the videos to remove watermarks. this would seem to make the copyright infringement case more substantive, because they are making a "derivative" work when they do the cut/crop.

---

put your watermarks in different locations throughout the clip and that will help you to get rid of the issue where watermarks are removed.... that is until some site uses some clever programming to analyze frames and detect watermarks in the frame and remove them.

Fight the never ending story!

Iron Fist · 09-27-2009, 05:02 PM

Keeping this on top

FightThisPatent · 09-28-2009, 05:54 AM

as of this posting, 7 responded that they have copyrighted their content, and 9 said they had not.

so only 16 content producers popping into this thread to vote?

i turned off showing who voted what in order to protect their privacy.

everyone is affected by piracy.. whether you are the 7 that have copyrighted your works or the 9 that hasn't, if you don't take action to protect your copyrights, it affects affiliates who promote your stuff, it affects cc processors who handle the payments for your sites, or it affects those who wish to buy your content.... everyone is connected.

Fight the apathy!

pornlaw · 09-28-2009, 07:23 AM

Quote:

Originally Posted by Tickler

Wouldn't a ® watermark be more cost effective, have greater reach, and $$$ penalties.

1 ® > 1000s of ©

And they can be encoded/searchable in the files

You only get statutory penalties if the content is registered.

Quote:

it seems only the hand of DOJ could possiblely smite them down now for obscenity and 2257.

If the tube site doesnt upload the content, then they do not have to comply with 2257.

Which we know doesnt happen but there is a loop hole in the new regs for social networking sites that might apply to tubes.

CaptainHowdy · 09-28-2009, 07:37 AM

Keepin' this one on top # 2!

FightThisPatent · 09-29-2009, 12:29 PM

Fight the bump!

davecummings · 09-29-2009, 01:59 PM

Important stuff--Bump!

View Poll Results: Have you filed for copyrights for your content?
Yes	9	39.13%
No, but i want to learn how	14	60.87%
Voters: 23. You may not vote on this poll

09-25-2009, 05:26 AM	#1
FightThisPatent Confirmed User Join Date: Aug 2003 Location: Austin, TX Posts: 4,090	How to copyright your content for DMCA and infringements With all the chatter about tube sites and my postings about how content owners need to file for copyrights so they have legal grounds for DMCA takedown requests and potential lawsuits for copyright infringements, it is clear that so many have not filed for copyrights on their content. After you file the initial copyright application, you then can file it monthly with new content that you have created. This simple process will give you the legal grounds to then sue for copyright infringement. If you don't file for copyrights for your work, you make it alot harder on yourself in proving you are the copyright/content owner for a DMCA request, and without copyright filing, you have a really hard time at trying to use the legal path of copyright infringements to go after websites and hosting providers. ---- I contacted an attorney to ask him if he could provide some general guidance on how to file a copyright, so that content owners could be more informed. He said he would do it, but was reluctant because he didn't wanted to be flamed for trolling. What i want to do is have this poll document how many content producers have not filed for copyright protection and would want to learn how. I have asked the attorney if he would be interested in creating the guidelines and also maybe some package deal that allows him to review your application to make sure it was correct at some affordable price. He said he would be interested if there was interest from the community. ---- For those that think that I am trolling/shilling for attorneys I am trying to provide actual information that can help content producers have a leg to stand on. I receive no compensation for my time from this. It costs money for legal action, but it is money well spent if it can prevent your content from further being stolen. I respect this attorney enough to put myself out there to ask for him to give some help to this situation and to create a copyright package, where he can specifically help the content provider ensure their filing is correct. You can certainly do this on your own and go to http://www.copyright.gov/ and file it yourself, but I think it makes better sense to have an experienced attorney help you do it right the first time, and then you keep up with it on your own. ---- This thread will evolve to having some general guideline steps to filing copyright along with a posting later by the attorney of what he can offer to GFY to help them with this very important legal action. -- For those that want to do this on their own: http://www.copyright.gov/eco/ checkout their howto... if it looks confusing or unclear, then you'll appreciate and understand why having an experieced attorney guide you through the process so important. Fight the stealing! __________________ http://www.t3report.com (where's the traffic?) v5.0 is out! \| http://www.FightThePatent.com \| ICQ 52741957

09-25-2009, 06:36 AM	#2
Evil Ryan Confirmed User Join Date: Sep 2009 Location: Daytona Beach, FL Posts: 360	Anything that is 'created' does not need to have an actual copyright filing as copyright protection is automatic at the time of production i thought? __________________ Condom Cash - Gay Affiliate Program Rainbow Content - Gay Content @ $16 Per Set! Evil Earnings - Adult Affiliate Program - Launching Soon! Webmaster Advertising - Contact Me About Webmaster Traffic! ICQ# 580251944

09-25-2009, 07:12 AM	#4
FightThisPatent Confirmed User Join Date: Aug 2003 Location: Austin, TX Posts: 4,090	for those that answered the survey "no", email me at brandon -at- fightthepatent.com put in subject line: dmca (so that i can have my inbox filters put it in a specific folder) i am talking to another IP attorney who is experienced with DMCA (and whom i respect). I am pitching them to come up with an affordable service that allows an attorney to handle the DMCA process. I can email those that contact me with updates directly. Fight the fight! __________________ http://www.t3report.com (where's the traffic?) v5.0 is out! \| http://www.FightThePatent.com \| ICQ 52741957

09-25-2009, 08:06 AM	#5
FightThisPatent Confirmed User Join Date: Aug 2003 Location: Austin, TX Posts: 4,090	to clarify from an icq convo.. you don't need copyright filing to file a DMCA request. you have to go through the DMCA process, below is copy/paste from pornhub.com/dmca: DMCA Notice of Copyright Infringement In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), Pornhub will respond expeditiously to claims of copyright infringement that are reported to Pornhub's designated copyright agent identified below. Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Pornhub reserves the right at its sole and entire discretion, to remove content and terminate the accounts of Pornhub users who infringe, or appear to infringe, the intellectual property or other rights of third parties. If you believe that your copywriten work has been copied in a way that constitutes copyright infringement, please provide Pornhub's copyright agent the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Website; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pornhub to locate the material; 4. Information reasonably sufficient to permit Pornhub to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted; 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and 6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All claims of copyright infringement on or regarding this Website should be delivered to PornHub's designated copyright agent at the following address: Email: [email protected] We apologize for any kind of misuse of our service and promise to do our best to find and terminate abusive files. ------ i have heard that PH does take things down quickly. So even with copyright filing, doesn't help to stop your stuff being stolen, because you have to police sites like PH, file the DMCA, and then they take it down, repeat process. Forums, message boards, etc usually don't have a DMCA staff member to handle the requests, and most likely blow you off... so this is where you can then kick upstairs to the ISP/webhost and see where that goes. Some ISP are very good/sensitive to this issue and would then contact the offending website. But, if all else has failed, and you have done all the correct DMCA filings you can, then you are left with legal actions... this is where filing for copyrights is needed. --- I will be chatting with the folks at removeyourcontent.com as well, to kick the tires on their service and report back so that content owners will know their options. Fight the copywrongs! __________________ http://www.t3report.com (where's the traffic?) v5.0 is out! \| http://www.FightThePatent.com \| ICQ 52741957

09-25-2009, 08:14 AM	#6
RyuLion ClubDomCash.com Industry Role: Join Date: Mar 2003 Location: San Diego Posts: 32,174	perfect timing man.. Most of my friends have TM their products.. __________________ Adult Biz Consultant A tech head since 1995

09-25-2009, 08:21 AM	#8
Jim_Gunn Confirmed User Industry Role: Join Date: Feb 2003 Location: Where The Teens Are Posts: 5,702	Very helpful thread. I am sure that a lot of copyright owners could use these guidelines and use the service of an attorney to file copyrights & trademarks and send DMCAs, especially if they can work out a reasonable fee to make it easy for copyright owners to aggressively protect their works. __________________ Jim Gunn Filming Cinematic Porn Skype JimGunnProductions

09-25-2009, 10:03 AM	#9
CaptainHowdy Too lazy to set a custom title Industry Role: Join Date: Dec 2004 Location: Happy in the dark. Posts: 92,999	Keeping this one ON TOP! __________________ FLASH SALE INSANITY! deal with a 100% Trusted Seller Buy Traffic Spots on a High-Quality Network 1 Year or Lifetime — That’s Right, Until the Internet Explodes!

09-25-2009, 10:17 AM	#10
Si Such Fun! Industry Role: Join Date: Feb 2008 Posts: 13,900	This is the sort of thread that people should be starting

09-25-2009, 10:58 AM	#11
FightThisPatent Confirmed User Join Date: Aug 2003 Location: Austin, TX Posts: 4,090	Just got off the phone with the ceo of removeyourcontent.com the cost for their service seems to be reasonable, around $120/month per site. if you have a megasite, they have a tiered scale. what they do is proactively scan various websites for your content. they use keywords (and we know how keywords can be defeated like in the napster days), they look for the watermark as a way of identifying. I mentioned that some tube sites are cropping out watermarks so that does make it more difficult to spot, especially since their researchers don't know every single video content of their clients, so they have to rely on keywords and watermarks, unless they get used to spotting certain models, etc. he said they have issued 7M+ DMCA requests and have connections to various places, like pornub, to submit. they do go upstream from the website to the host and to the domain registrar if they aren't getting responses. He said only like 1 or 2 of his clients go all the way to filing lawsuits. Majority don't because of the costs involved in filing and the march towards litigation. he did affirm that you should get your content file for copyrights, so that you have the legal basis to have the option to sue. You don't need copyright filing to have them or yourself file a DMCA request. he said they offer a ticket system where clients can submit found infringements, but so few use it. ------ i would say whether you are using a provider like RYC or an attorney, you need to do the detective work yourself, because you know your content. scanning the top 50 videos based on views in a niche to see if your content is there would help your DMCA agents out tremendously. Some sites pay money to uploaders who generate views (like youtube). So the motivation by uploaders is videos that will get them the views. If you have great content, then yours gets ripped and posted. many tube sites do allow you to sort by most viewed, so use that as your proactive way to find your stuff. don't rely on keywords. once you find your stuff, you can submit the DMCA request yourself, or use a third party provider. i am waiting to chat with some attorneys on what they offer to balance things out as far as what options content producers have. bottom line, do something about your stuff being stolen like filing for copyrights and doing the legwork to find where your stuff is at and/or use external agents for DMCA. if you don't do any of this, then you are just crying tears of sand. Fight the ostrich! __________________ http://www.t3report.com (where's the traffic?) v5.0 is out! \| http://www.FightThePatent.com \| ICQ 52741957

09-25-2009, 12:03 PM	#12
pornlaw Confirmed User Join Date: Feb 2007 Location: Los Angeles, CA Posts: 1,851	Sending in content for copyright protection is cheap and easy to do. We do it for clients but it is easier for them to do themselves. The easiest way is to register for an online account with copyright.gov. If anyone wants some help or for us to handle it on your behalf just hit me up via email at michael(at)fattlegal.com. Great thread and it should stay on top. So many of my clients do not bother to secure copyright registration for their content and it hurts them severely. You need a federal copyright registration in order to be able to file an infringement suit in federal court. And with registration you can ask for statutory damages as opposed to actual damages which are much harder to prove. However, the registration has to pre-date the infringement. __________________ Michael www.AdultBizLaw.com

09-25-2009, 12:33 PM	#14
Hentaikid Confirmed User Join Date: Nov 2002 Posts: 1,249	What about registration with other copyright offices? I'm in Europe and I registered some stuff in the local office - will that work the same come time to sue someone in the US, for instance, if it comes to that?

09-25-2009, 01:09 PM	#16
Evil Ryan Confirmed User Join Date: Sep 2009 Location: Daytona Beach, FL Posts: 360	Speaking of DMCA stuff, this is something we are getting ready to roll out where you can send, track and record those sites you send DMCA notices to in order to track repeat offenders... dmcatracker.com still in the real basic form as we've only had the site scripting delivered recently without the bugs but it will give you an idea of what it will do __________________ Condom Cash - Gay Affiliate Program Rainbow Content - Gay Content @ $16 Per Set! Evil Earnings - Adult Affiliate Program - Launching Soon! Webmaster Advertising - Contact Me About Webmaster Traffic! ICQ# 580251944

09-25-2009, 03:19 PM	#18
Major (Tom) Anti Communist Industry Role: Join Date: Nov 2003 Location: Null Posts: 29,752	Correct me if I am wrong: But if you created the work, it is automatically copyrighted and protected. The advantage of filing for a copyright entitles you to have "your" legal fees paid for upon receiving damages. You do not need to file a copyright to send a dmca and to seek damages. You just cant sue the infringer for your legal costs. filing does not give you any more clout in filing a dmca. If it is your work it is your work. Duke __________________ My mother said, to get things done You'd better not mess with Major Tom

09-27-2009, 01:48 PM	#24
Elli Reach for those stars! Industry Role: Join Date: Apr 2003 Location: Vancouver, BC Posts: 17,991	Bump back to the top! __________________ Make More Money with Cams and Dating at FFN.com! email: [email protected]

09-27-2009, 02:17 PM	#25
Tickler Confirmed User Join Date: Jul 2005 Posts: 650	Wouldn't a ® watermark be more cost effective, have greater reach, and $$$ penalties. 1 ® > 1000s of © And they can be encoded/searchable in the files __________________ Big Sister Live - Live sex club paid in Euros Why all the PSYCHIC ads in the papers, and on TV? Makes $$$s on the web @ Psychic Access

09-27-2009, 02:28 PM	#26
Pleasurepays BANNED - SUPPORTING TUBES Join Date: Aug 2002 Location: I live in a pile of boogers Posts: 11,913	if this industry ever pulled its head out of its ass and wrapped its mind around the fact that there are statutory damages for copyright violations of registered work.. there would be a lot less theft and a lot more profit from going after those damages.. (er... a lot less rogue employees, i mean)

09-27-2009, 02:50 PM	#27
Peace Confirmed User Industry Role: Join Date: Sep 2004 Location: NY and Moscow Posts: 5,518	thank you for thinking of us... __________________ Need Custom or Licensed Content? Visit PhotoVideoContent.com Email: [email protected] / Telegram: @romatibet / Skype: Peace888

09-27-2009, 05:02 PM	#30
Iron Fist Too lazy to set a custom title Join Date: Dec 2006 Posts: 23,400	Keeping this on top __________________ i like waffles

09-28-2009, 05:54 AM	#31
FightThisPatent Confirmed User Join Date: Aug 2003 Location: Austin, TX Posts: 4,090	as of this posting, 7 responded that they have copyrighted their content, and 9 said they had not. so only 16 content producers popping into this thread to vote? i turned off showing who voted what in order to protect their privacy. everyone is affected by piracy.. whether you are the 7 that have copyrighted your works or the 9 that hasn't, if you don't take action to protect your copyrights, it affects affiliates who promote your stuff, it affects cc processors who handle the payments for your sites, or it affects those who wish to buy your content.... everyone is connected. Fight the apathy! __________________ http://www.t3report.com (where's the traffic?) v5.0 is out! \| http://www.FightThePatent.com \| ICQ 52741957

09-28-2009, 07:37 AM	#33
CaptainHowdy Too lazy to set a custom title Industry Role: Join Date: Dec 2004 Location: Happy in the dark. Posts: 92,999	Keepin' this one on top # 2! __________________ FLASH SALE INSANITY! deal with a 100% Trusted Seller Buy Traffic Spots on a High-Quality Network 1 Year or Lifetime — That’s Right, Until the Internet Explodes!

09-29-2009, 12:29 PM	#34
FightThisPatent Confirmed User Join Date: Aug 2003 Location: Austin, TX Posts: 4,090	Fight the bump! __________________ http://www.t3report.com (where's the traffic?) v5.0 is out! \| http://www.FightThePatent.com \| ICQ 52741957

09-29-2009, 01:59 PM	#35
davecummings Confirmed User Join Date: Oct 2003 Location: San Diego Posts: 2,922	Important stuff--Bump! __________________ Dave Cummings www.davecummings.com www.davecummings.tv San Diego Email--- [email protected]