DMCA Email from Model? - GoFuckYourself.com

kissmyarse · 03-17-2010, 03:06 PM

Hey all,

I've got an email off a model, as shown below (edited obviously). The content the email refers to is from a very popular art nude affiliate program, with ccbill, whom I have an affiliate account with. I have since reviewed their site again, and the content is shown there also. I have valid links and banners to the affiliated site. 2257 is of course up.

I don't believe I've done anything wrong, so I'm a bit baffled. I don't understand the last sentence either.

So, what do I do? Email the affiliate? Take it down? Email the model?

Help needed...

Quote:

DMCA Notice of Copyright Infringement
Dear Sir/Madam.

I, *****, certify under penalty of perjury, that I am an agent authorized to act on behalf of the owner of certain intellectual property rights.

I have a good faith belief that the items or materials listed below are not authorized by law for use by the above named domain name owner or their agents and therefore infringes the copyright owner's rights. I hereby ask that you act expeditiously to remove or disable access to the material or items claimed to be infringing.

My contact information is as follows: ******
Address: ******
Allegedly Infringing items or materials: *URL*

Infringing material that I demand be disabled or removed in consideration of the above:

images

Location of ORIGINAL WORKS:

PLEASE NOTE: After payment for the right to have this content removed, there to my knowledge is no webpage belonging to the copyright owner of this content displaying the content within these pages still on the internet, and I ask that you do the same and remove it.

TheDoc · 03-17-2010, 03:30 PM

Just respond...Tell them it's sponsor provided content, give them the url, and go on your way.

brentbacardi · 03-17-2010, 08:37 PM

Well, if you have a way of taking it down easily, you might want to think about that because from my experience of sending out DMCAs to websites they take the stuff off in like 5 minutes lol like huge rush, so I assume its pretty serious to them. Not sure legally what you should do but I go by the motto "better safe than sorry" its just a photo set out of a whole bunch of content right?

pornlaw · 03-18-2010, 12:13 AM

The original program may not have permission or the right to use the content.

I assume she is making her claim based on the fact that she wasnt paid for the shoot and therefore the model release may not be valid. You need more information from the model before making a decision. You should contact her and ask specifically why she wants the content removed. I would cc the program as well with any emails.

kissmyarse · 03-18-2010, 09:28 AM

Thanks guys, I got twitchy and just unpublished the post she referred to... it's only one gallery at the end of the day, and I don't need the hassle. I've also emailed the affiliate guys to tell them what has happened.

Did anyone else read the last sentence as "I've paid the affiliate whom i modelled for to remove this content, now you should do the same"?

Thanks again

BobChezule · 03-18-2010, 03:16 PM

Most of that email reads like a non-native English speaker wrote it. The meaning might have gotten lost in the confusing text.

fatfoo · 03-19-2010, 02:33 PM

Email her back with everything you want to say, kissmyarse.

03-17-2010, 03:30 PM	#2
TheDoc Too lazy to set a custom title Industry Role: Join Date: Jul 2001 Location: Currently Incognito Posts: 13,827	Just respond...Tell them it's sponsor provided content, give them the url, and go on your way. __________________ ~TheDoc - ICQ7765825 It's all disambiguation

03-17-2010, 08:37 PM	#3
brentbacardi Confirmed User Industry Role: Join Date: Nov 2009 Posts: 1,425	Well, if you have a way of taking it down easily, you might want to think about that because from my experience of sending out DMCAs to websites they take the stuff off in like 5 minutes lol like huge rush, so I assume its pretty serious to them. Not sure legally what you should do but I go by the motto "better safe than sorry" its just a photo set out of a whole bunch of content right? __________________ Go Fuck Yourself!

03-18-2010, 12:13 AM	#4
pornlaw Confirmed User Join Date: Feb 2007 Location: Los Angeles, CA Posts: 1,850	The original program may not have permission or the right to use the content. I assume she is making her claim based on the fact that she wasnt paid for the shoot and therefore the model release may not be valid. You need more information from the model before making a decision. You should contact her and ask specifically why she wants the content removed. I would cc the program as well with any emails. __________________ Michael www.AdultBizLaw.com

03-19-2010, 02:33 PM	#7
fatfoo ICQ:649699063 Industry Role: Join Date: Mar 2003 Posts: 27,763	Email her back with everything you want to say, kissmyarse. __________________ Send me an email: [email protected]

03-18-2010, 09:28 AM	#5
kissmyarse Registered User Join Date: Feb 2008 Location: UK Posts: 47	Thanks guys, I got twitchy and just unpublished the post she referred to... it's only one gallery at the end of the day, and I don't need the hassle. I've also emailed the affiliate guys to tell them what has happened. Did anyone else read the last sentence as "I've paid the affiliate whom i modelled for to remove this content, now you should do the same"? Thanks again

03-18-2010, 03:16 PM	#6
BobChezule Confirmed User Industry Role: Join Date: Aug 2002 Location: New York Posts: 779	Most of that email reads like a non-native English speaker wrote it. The meaning might have gotten lost in the confusing text.