DCMA question
 

Ok, so I have a number of sites featuring content of a particular model, the content was obtained from an affiliate program as an affiliate and is used in full compliance with their terms.

The model is continually sending DCMA takedown requests and filing complaints with takedown sites.

Where do I stand?

Check with the affiliate program. Most likely she is out of luck because the affiliate program owns the pictures/rights to that set. Even though its her she signed the rights to those pictures away.

If she does not hold the rights you have every right to file a counter claim on her for fraudulent take downs. You can actually take her to court over it and win.


We have seen this a number of times as a host, but unfortunately for the girl she signed her rights away to that particular photo set when she got paid for it.

Thanks Spudstr,

Exactly what I thought.

Affiliate program owns pictures/rights and I'm using them legitimately to promote the site.

Just needed clarification before I call her names on twitter :o)

Also, it's DMCA not DCMA. Small detail but just sayin.

Is it possible the program stole the content? Happens more and more these days.

Is the girl out of porn and wants her stuff down? There was a thread about this topic before. Consensus was to come up with a reasonable dollar amount for what it makes and money/time spent and have her buy it from you.
If it a good income generator she very well may not be able to pay which would be an issue.

Do respond immediately to the complaints if they are sent to your host or payment processor, preferably by sending a (redacted?) copy of the model release. If the program won't provide you one, maybe they'll send a redacted copy directly to the host. The DMCA provides you a limited time to respond before the host must take action.

Her complaint is only an actual DMCA notice if she swears under penalty of perjury that she owns tje copyright. If she does not, she's liable for civil damages and if she KNOWS that she doesn't there are theoretically criminal penalties. I don't know of any actual cases so far where criminal penalties have been imposed, but civil penalties have.

http://www.plagiarismtoday.com/2010/...unter-notices/

Thanks all.

Sorry Amazing, DMCA :)

The content is 100% legit with a reputable producer, funny enough she has no issues with the producer and site(s) that own the content, it's just me as an affiliate.

Bit of a vendetta but better to know where I stand.

She's fresh into porn and as above she's happy for her content to be on some sites, even some that I own, it's just the ones she thinks I own she has a problem with.

She's filed the takedown requests with DMCA.com.

Thanks for the info, will have a good read up.

I'm quite curious to know the backstory on this situation with the model. How did she decide she didn't want her content appearing on your sites specifically?

I find it interesting that she has an understanding of the DMCA process to the point that she knows how to have content removed... but the requirement of being the owner of the copyright has somehow eluded her.

I'd have some fun with that one.

I've never seen DMCA.com actually do anything. All I've ever seen is piracy sites using it as cover to continue to steal content. Does anyone know what DMCA.com actually does?

Make money through stupid clients. :thumbsup

Interesting story, tell us more, spill the beans.

Who is it?