Piracy... What do I do?

[PFLJayden]

A member said in the chat area last night that he seen the cams recordings in YourPornCommunity <dot> com.

I did find them. They recorded all of the cams and put them on there. They are selling them at a premium membership.

I emailed a take down request to them. Theyre response was they reserve the right to capture live webcam content because it is on the internet and they are legally allowed to do so because once it is streamed it is public domain. (the cams are in a password protected area.)
They said they are not removing them. They were buligerant assholes in their email.
I read through some forums on here and one said to contact the host.
I called their host. They said to me to email a dmca to them. I did. I got a response by email from the host that Your Porn Community captured the streams from their live cam area and the host said we are closing this case.
Your Porn Community is located in California but with hosting in Chicago, IL.
What does anyone suggest that I do?

[DEVELISH]

Well... as in all legal issues where somebody is not responding properly...

get advice, get a lawyer then go get their asses

[Lee]

DMCA the host, DMCA the site owner, DMCA the billing processor and DMCA the hosts upstream provider...

Dont even bother calling them, send notices to all of those and you'll find the content is removed, if it isnt, then you have grounds for an 'instant win' lawsuit.

Regards,

Lee

[PFLJayden]

Thank you guys. I am still waiting on my manager to get back to me. I dont know if there was anything more I should and can do so I asked for the meantime. Thanks for your help.

[nickbaer]

You might watermark your streams with the Copyright symbol & word, and site name.

©2009 PhillyFratLive.com e.g.

Boy that would piss them off that the video they steal has your name on it, and they in turn would be advertising your site!

[DEVELISH]

yeah... watermarking or branding streams should help the most... free advertising

[PFLJayden]

They are, and a logo too. but they are using a trial version of I think camtas it shows on the videos wherre they are capturing. it looks like a capture screen is just above the water marking so they dont get it.
I did find out a trademark was filed for PFL...

[jIgG]

do what lee told you
it's useless to talk to these people

There is no such thing as public domain after it's streamed, pure bullshit

Do keep all your communication with them though.

I'd also DMCA the registrar, in addition to what Lee told you

[PFLJayden]

My boss is working on the dmca stuff with them as we speak and fighting with them. However I did find out that cams are recorded and given a title within 24 hours of the live stream. The recording is archived and also backed up for possible DVD venues. The recorded video is sent to the library of congress or copyright office for a copyright filing. So I think its a big deal now.
I do suggest that others check the site for content. If they are recording our streams, they could be putting up your videos. :hmm:

[Titanmen]

You might want to remind them that they do not have the required 2257 documentation for the videos. If they are capturing and posting the clips themselves that means they have editorial control of the content on their site, which makes them libel for 2257 documentation requirements. Public domain don’t mean shit if you don’t have the required 2257 documents to go along with it! They are violating federal law…

[PFLJayden]

I guess our lawyer got involved today with the host and faxed a dmca take down demand to their host. A hour later a phone call said the videos were removed. So it's resolved now but what about next time.

[Bec]

I guess our lawyer got involved today with the host and faxed a dmca take down demand to their host. A hour later a phone call said the videos were removed. So it's resolved now but what about next time.

lather, rinse, repeat

[SirGuy]

It's a frustrating game of whack-a-mole with these assholes.

Good to hear you were successful at getting them taken down (this time). At least you know the drill now and hopefully will be just as effective next time it happens.

Comes with the territory of being an adult content producer, sad to say.

NOTHING is considered 'public domain' unless it's explicitly stated as such - content must be labeled (by the original owner) as either "royalty-free" or "public domain". Without that signed statement, the material is copyrighted and subject to all copyright laws and penalties for infringement.

And as someone already said above - it's also subject to 2257 requirements. The pirate is fucked if asked to produce 2257 to prove all models were legal age and participating consentually.