DMCA Options When Studio Does Nothing?

[Smores]

A Russian model friend freaked out when she found her videos online and asked her studio to file a DMCA to have them removed from the search engines. It looks like the studio is just telling her what she wants to hear but not actually doing anything. So she left the studio. Will a studio model in this situation get any reasonable response from CB if she contacts them directly? No doubt they will tell her to make the request through the studio, but I think she should be able to make a stink about this. This is her image and she has rights to it. CB should respect that, even outside of the relationship they have with a studio. If a model said "take down my image" and a studio said "no leave the image there" then CB would not have a very defensible position siding with the studio.

If the model has no recourse through CB, should she just hire someone to file the DMCA on her behalf, or go through the somewhat dangerous procedure of filing herself? I understand from the threads here how she has to be careful about identity in such a case. I doubt she would be careful enough.

 

[AudriTwo]

just because someone files a dmca doesn't mean the pirated content will be removed. sometimes those sites that host that type of shit are in countries where they aren't under jurisdiction.

the model can file the dmca herself. just put chaturbate's contact info instead of her own.
the model can hire a dmca company to do it for her.
the model can request the site.
the model can accept these are the risks that come with the job and the internet is forever.

 

[CheeseMoon]

asked her studio to file a DMCA

I don't think a Russian citizen or a Russian legal entity can file a legal complaint to another possibly non-US entity citing a US law. Not sure where Chaturbate comes into the picture either since they don't own the model's content to begin with.

 

[willow balmain]

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worth using a proper service from day one. no one should accept their property being stolen.

 

[cbhours]

A Russian model friend freaked out when she found her videos online and asked her studio to file a DMCA to have them removed from the search engines. It looks like the studio is just telling her what she wants to hear but not actually doing anything. So she left the studio. Will a studio model in this situation get any reasonable response from CB if she contacts them directly? No doubt they will tell her to make the request through the studio, but I think she should be able to make a stink about this. This is her image and she has rights to it. CB should respect that, even outside of the relationship they have with a studio. If a model said "take down my image" and a studio said "no leave the image there" then CB would not have a very defensible position siding with the studio.

If the model has no recourse through CB, should she just hire someone to file the DMCA on her behalf, or go through the somewhat dangerous procedure of filing herself? I understand from the threads here how she has to be careful about identity in such a case. I doubt she would be careful enough.

You mean because the email on the model account isn't one she has access to? I don't know about that one, maybe you are right. Doesn't hurt to try it i mean she has to get the list of URLs anyway.

"If a model said "take down my image" and a studio said "no leave the image there" then CB would not have a very defensible position siding with the studio."

I did not understand this part, where is the image you are referring to? on cb itself?


One can hardly blame a studio for not wanting to deal with DMCA requests, can you imagine trying to do take downs for every model? Its a never ending battle not worth fighting unless shes quitting for good and even then you would think it would be over but sometimes stuff still pops up. I saw a models shows posted the other day and it was 3-4 years old.

 

[Smores]

just because someone files a dmca doesn't mean the pirated content will be removed. sometimes those sites that host that type of shit are in countries where they aren't under jurisdiction.

the model can file the dmca herself. just put chaturbate's contact info instead of her own.
the model can hire a dmca company to do it for her.
the model can request the site.
the model can accept these are the risks that come with the job and the internet is forever.

So I know enough by now that I realize the content on a pirate site usually never gets removed. The issue is removing it from the Google and Bing search engines. That should be possible and even pretty easy to do. The problem with studio models is it is a three party relationship, and the studio denies responsibility. The model and CB do not have direct relationship. There is a lot of stupid finger pointing and everyone wants to make it everyone else's responsibility. And probably the worst part of all is that CB has a sociopathic approach to business and cannot engage in normal correspondence with any of its customers: studios, models, or viewers. CB ignores problems, delays its response to problems, and often gives nonsense responses to problems. All of that makes what should be really simple unnecessarily difficult.

Your point about just filing the DMCA and using CB's contact info is worth considering as a "Plan B". But how do you enter CB's contact info for it to be considered correct? And does that contact info include an email that goes to CB, so that it will be impossible to receive correspondence from the DMCA process while it is ongoing?

 

[CheeseMoon]

The issue is removing it from the Google and Bing search engines. That should be possible and even pretty easy to do.

Having search results removed from Google is pretty easy, yes. It's not instant but eventually it disappears. Use this link and select "Intellectual property issue" and then "Copyright infringement" in the process.

 

[Smores]

Having search results removed from Google is pretty easy, yes. It's not instant but eventually it disappears. Use this link and select "Intellectual property issue" and then "Copyright infringement" in the process.

It is easy to fill out the form, but whose name and contact info should appear there? Remember if the model fills that out with her real name and contact info, that might be disclosed by Google to the rest of the world, so it becomes a place where the content now gets linked to a real identity.

The idea of putting CB's info there might work, but then again that might mess things up if CB actually did file a DMCA already. Really CB should just allow models to make DMCA claims to them directly, even when a studio is involved. It's her image after all, and the studio does not have a good case to make for a commercial interest in keeping her video distributed for free on pirate websites.

 

[CheeseMoon]

It is easy to fill out the form, but whose name and contact info should appear there? Remember if the model fills that out with her real name and contact info, that might be disclosed by Google to the rest of the world, so it becomes a place where the content now gets linked to a real identity.

Yes, that's a dilemma if you want to remain anonymous, but the intellectual property has to be owned by *some* legal entity or person, not a random, ever changing internet nickname. At some point you have to make good on the claim that this is *you* performing on the stolen content. Nobody will just take your word for it. The usual way to solve these dillemmas is of course using a proxy like a lawyer/attorney or a service who do it on your behalf, but even then you will at one point *probably* have to disclose your real identity to the proxy.

The real world isn't really rigged for 100% anonymity, and legal disputes (which it could become) are by default a matter of public record in most countries

I am not a lawyer though, and copyright/IP law isn't the same in all the world's jusrisdictions. Caveat emptor.

 

[AmberCutie]

Remember if the model fills that out with her real name and contact info, that might be disclosed by Google to the rest of the world

At the very least, the name gets listed to the site that the content needs to be removed from. 100% for sure that at least this happens. If the owner of the site is evil, that's when it could get even messier with them posting it to the public.

 

[Smores]

At the very least, the name gets listed to the site that the content needs to be removed from. 100% for sure that at least this happens. If the owner of the site is evil, that's when it could get even messier with them posting it to the public.

If the model is Russian, then the way that plays out is the evil site owner blackmails her or gives her name to blackmailers as a revenge move.

Given how messed up the relationship between the model and CB is when there is a studio sitting in the middle, it is tempting to just fill out the DMCA form with CB's contact information. Worst case the situation is not going to get worse, and best case Google might act on the request.

 

[MarieElise]

If you sell clips on MV or C4S models can send them pirated links and they'll DMCA for you.