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need help.. user(thief) found a workaround to Pornhubs dmca.
I sent a dmca for this video
https://www.pornhub.com/view_video.p...h58da422bbc732 My video is watermarked and starts 1:10 heres a screenshot Scr.hu He sent a counter notification dmca (screenshot Scr.hu). saying he owns the content through content exchange which is 100% false. This was a paid scene which i filmed and he also claimed its on his clips4sale which is false again. This user has done this in the past with different usernames and has used a fake counter claim because he knows how to work the system. All his videos are stolen videos from other sites. So, now the only way according to pornhub is the file a lawsuit: "Please note we have communicated with you the counter-notifications we received against your original DMCA notice. The copyright holder of this content may elect to file a lawsuit for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the said contested content. The copyright holder can petition the court for an injunction to prevent the restoration of the original works, but if it is not obtained within the time allotted we will leave the material on the site" This would cost me $1000's of dollars to file a lawsuit. is there any option u can recommend???? |
Can't we drone this thief?
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you got the video through content exchange? Are you sure he didn't do the same thing?
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No this wasn't through content exchange. I dont even know who he is.. He just lied so the video wont be deleted. This was a scene i paid for. I have release forms and ID's of the performers.
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Yes, it's most likely that he stole the clips and is being a complete arsehole but there is a chance that the producer could be selling the content everywhere. |
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it is given to the person who produced the content and shows wich rights the producer CAN give. the most important is the contract you have with the original rights owner. here is another complication that american law allows to transfer rights completely to another person (what is not existing in the european copyright law where it is not possible to transfer such owner rights) if you have a contract what includes the rights to use the content on other plattforms than send this contract together with the release form and ID (to identify that is it is this scene this contract includes) to pornhub and they will understand it. |
seriously fucked situation
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so..the videos are still up right? yours and "his"
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The way I see it.
Rule 1) shoot your own content. Rule 2) if you cannot, then buy only from a legit sellers with a contract made with a US or Canadian corporate entity. Rule 3) from anywhere else pay as little as you can because you will probably get screwed Rule 4) stop weeping and go back to Rule 1). |
Do you have small claims court where you live? File like a $10 form and send that off. It's proof of a real ongoing lawsuit, so they should keep the video offline. And the theif will have to identify himself and figure out how to respond.
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Well, he said: "This was a paid scene which i filmed" |
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You can license the content you shot in both USA and Europe and you are considered author if you are the creator... no matter what you want to transfer! Authorship can't be transfered. https://definitions.uslegal.com/a/author-copyright/ |
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[QUOTE=shake;22191731]Do you have small claims court where you live? File like a $10 form and send that off. It's proof of a real ongoing lawsuit, so they should keep the video offline. And the theif will have to identify himself and figure out how to respond.[/QUOTE
More like like $75 to $200. Court is a BUSINESS. Also, the thief will have to be SERVED. Identifying him is not the court's problem. |
When you shoot a scene, always mark the beginning of every single take with a piece of paper containing written info about the author (name, his business ID , or personal ID #) and the scene (name of the model, date, location...). Always keep the raw files.
If you present this along with a copy of your ID, this is the best way to prove who is the author. If you are the author and that prick does not have any license from you, there is no doubt who is the thief. |
Just to be clear..This was my content that I filmed myself (i film all my videos for my site). There should be a better situation than having to file a lawsuit because i will have to do that for every time this fool or another one puts up my videos. This is the second time hes done this with a counterclaim on a previous video. The first time pornhub removed it even after sending that counterclaim. This time they didnt.
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that s interesting guys, wish i could help but i can t.
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but for some reason i am more up to date as you are. authorship CAN be transfered but only in the anglo american law. in europe it canīt be transfered at all. 17 U.S. Code § 201 - Ownership of copyright (d) Transfer of Ownership.? (1) The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession. (2) Any of the exclusive rights comprised in a copyright, including any subdivision of any of the rights specified by section 106, may be transferred as provided by clause (1) and owned separately. The owner of any particular exclusive right is entitled, to the extent of that right, to all of the protection and remedies accorded to the copyright owner by this title. |
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If the scene is at an Event then forget about it. Let it go, others have it too.
Besides, aren't you a content partner? If so what does your contact there say? |
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Still, I would reach out to the CPP contact and try to resolve things that way. |
GenoveseCrimeFamily is user. No site being pimped. Probably someone pornhub pays to upload content or works for pornhub.
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im just going to hit up one of the dmca companies such as dmcaforce. see if they can take it down for me
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Authorship and copryright ownership are two different things. Check this out: https://www.gov.uk/guidance/ownershi...opyright-works Quote:
Is that clear? |
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can you read this? The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession did you ever heard about the statute of anna ? for sure not because you because you seem to be more busy inhaling the sweet smell of your spiritual diarrhea. if you have a few dollars left and donīt need them urgently for your drugs go and ask a lawyer. |
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No, it can't be transferred because an author is the one, who created the work. You are an idiot that doesn't understand English. Here is some reading for you https://en.wikipedia.org/wiki/Authors%27_rights Quote:
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You clearly don't understand the difference between the term author and copyright ownership. https://definitions.uslegal.com/a/author-copyright/ Quote:
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did you ever research how many songs where michael jackson was the AUTHOR were written by someone else and he just bought the author rights? selling author rights means: that not even the author have the right anymore to do anything with his work. depending on the deal WHAT ARE LEGAL IN THE ANGLO AMERICAN LAW he is not even allowed to put his name under it. i really donīt want to waste my time with you dumb. go to pay a lawyer to become smart. btw. i know a bit about it because i AM an author and i OWN a handful of publishing companies i was dealing so many national and international contracts in my life as you will never do. and i was already doing that before your mother farted you on this planet, you stupid troll. |
bad news if they live in a country that does not work with dcma
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The author of a song can (and usually is) be totally different than the author of the lyrics. Same for the author of the music. The author of the lyrics can give the song's author the permission to not display his name. And yes, he just sold his rights. That again does not mean the author of the text has changed. Read once again my post above... Author's moral rights can't fucking be transferred. Also, there may possibly be several co-authors working together on a single work, not just one. The term CO-AUTHORSHIP is reserved for this co-authorship (1) Co-authors are two or more authors who have created a single piece of creative intellectual activity in such a way that it is not possible to distinguish creative contributions from individual authors and use them as separate works. (2) The rights to the part referred to in paragraph 1 shall belong to all co-authors jointly and severally unless the co-authors have agreed otherwise in writing. :upsidedow Quote:
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SPECIAL PART>>>> And btw.. you definitely can transfer copyright ownership rights in EU with some limits.. i.e. if you want to give a publisher the right to release CDs with your music, that sure is possible... Law: Public dissemination of the original or reproduction of a work by transfer of ownership (1) The public dissemination of the original of a work or reproduction of a work by the transfer of ownership is the transfer of the right of ownership to a thing through which the work is expressed or on which the work is recorded as its original or reproduction. 1. You sir are completely retarded and wrong .. while trying to look like a smart ass... 2. Authorship can't be transferred. |
bump for thommy, the local expert ^^^
:-D |
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live on in your barrel and tell the world you are diogenes. as long as you believe in it, everything is fine. but back to the topic: YES he can be the one who filmed the material - he CAN be the one who first got the licence of the actors and YES it still does not mean he OWNS the material and can do what he want. THAT was the fucking point you donkey !!!! and THIS can only be done in the anglo american law because there authorship (in the meaning of the word by legal juristic) IS transferable you dumb nut. WHERE you nut did i say that he is not the author anymore when he FILMED the scene ???? i just said that his rights can be sold and that means he lose them. are you really that stupid or do you play a game here ? everyone (and i hope that includes you too) can read that i wrote: Quote:
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the bandwidth starts on google listings - the provider can be held liable if he does not take the page offline and last but not least, the domain can be closed when the circumstances are hard enough. |
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No, you said "authorship can be transferred" you mental cripple. Hey imbecile, Authorship can't be transferred.. if YOU and only you created something then it's you, no one else. You have it written in that wikipedia article.. that the moral rights can't be transferred, yet you are bitching it is possible, cause you are a primitive who can't fucking read and accept he was wrong. :321GFY Authorship can't be transferred you idiot. You can sell the rights, but that is not authorship you fuck tard. :1orglaugh Authorship is the state of being an author of a work, you just don't fucking understand English you old fart. :2 cents: Don't mix the two terms "Author" and "Copyright owner" cause they are not the same. You just don't understand the terms Author and Authorship you pissant. :winkwink: Quote:
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Thommy , the local expert.. can you show me any definition in American law that states transfer of authorship? lol..
Regarding transfer of copyright ownership: Even if some common law jurisdictions limit author's Moral rights.. That still doesn't change the fact who is the author of the work... because authorship can't be transferred. In USA this protection is applied to visual arts.. (pantings etc.) ..so even in Anglo-American law you still have particular rights to your visual work even after you had transferred copyright ownership. This doesn't change the principle of authorship cause this is totally different subject. Author is the creator and always will be.. Go cry now |
Question: this does not apply to employees creating work for the company, correct? The company would be "the author" even tho an actual employee 'created' the work. That's the general idea I think yes?
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https://fairuse.stanford.edu/overvie..._made_for_hire Quote:
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Hey thommy, since you are clearly trying to say (with your retarded English) that the new "copyright owner" can legally claim that the work was created by someone else (e.g. him) - as you call that: "to transfer authorship" which is wrong, can you please tell me, which law allows this change of the author's name by the copyright owner?
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:Oh crap |
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but this asshole is discussing about a word and not about the circumstance that is is possible that an author can loose all rights (including the right to be mentioned and giving another person the right to call himself "author") authorship means nothing (so i would better call it author rights - but anyway every person with a normal brain understands what i mean) The Joint Authorship Doctrine The law of copyright provides that an author is the person who creates a work of authorship and is, at least the first instance, the sole owner of the work. Even though the author may initially have sole ownership of the work there are many methods by which the publisher may obtain ownership rights in the author's creative efforts. Two of the most frequently used are through the "work made for hire" doctrine - the publisher will own the copyright and "all" rights in the creative work-, and by an "assignment" of rights from the author to the publisher - the author specifically grants "all or some" of the rights in the work to the publisher. but what shall i fight with an idiot who thinks he knows all better. |
That guy, is a rogue employee of the tube.
Just saying. |
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You need to trademark your domain name. Your trademark claim is a straightforward trademark infringement instead of a "murky" copyright infringement. You should actually talk to the DMCA guy at Pornhub, his name escapes me right now, as the thief has your domain in the video so clearly it's not his content. I'd recommend calling Michael W. Fattorosi P.C. , regarding trademarking, or anything else adult industry related he's very well connected and easy to talk to: 818-710-2727 , AdultBizLaw.com |
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The only one who is wrong here is you, cause you don't fuckin understand the term author. :1orglaugh |
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https://en.wikipedia.org/wiki/Authors%27_rights "The protection of the personality in common law jurisdiction has for long been separate from the law of copyright, embodied in such torts as defamation (also passing off and malicious falsehood)" Quote:
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