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Will I have DMCA Issues on my porn website?

Discussion in 'Copywriting' started by Unify, Aug 3, 2012.

  1. #1
    This is my DMCA page:

    Everything on our WebSite(PleasuresMine.net/) is fair use only. Any images,videos, or other contents on our Website are all public domain. PleasuresMine does not upload images or videos to our website. We simply embed them from larger providers. If you would like an image or video removed, please visit the corresponding website hosting that image or video.


    All claims of copyright infringement on or regarding this Website should be delivered to leasuresMine's designated copyright agent at the following address:




    Is this fine if my website only embeds videos? I don't host anything myself. I also don't have images on my website so that shouldn't be a problem,.

    Do you guys think I should change anything?
     
    Unify, Aug 3, 2012 IP
  2. browntwn

    browntwn Illustrious Member

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    #2
    1. This really should be posted in the legal section, not the copywriting section of the forum.

    2. You don't just get to claim that everything on your site is "fair use". A quick glance at your site shows that to be demonstrably untrue. Why do you think you have a fair use right to show other people's copyrighted porn content? The only purpose the site serves that I can see is to show other people's content and show your own advertisements/affiliate links.

    3. This is your DMCA page, but you then tell people to go to someone else to complain about material being shown on your website.

    4. In order to properly avail yourself of the protections of the DMCA for material that users post on your site, you need to actually register an agent with the government. You don't just get to declare that an email address is your "registered agent" you actually have to register your agent. Read here for more info: http://www.copyright.gov/title37/201/37cfr201-38.html

    To give you a clue, this information is required when you provide a registered agent:


    Your page seems to be nothing but a copy of some other persons DMCA page with little understanding of the law and it offers you zero protection from a lawsuit or claim for copyright infringement.
     
    browntwn, Aug 3, 2012 IP
  3. Unify

    Unify Member

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    #3
    LOL A copy? I wrote it out myself. That's probably why it has so many errors in it.

    Thank you for the information man, but next time don't be so harsh/stuck up. I'm not as familiar with the law as you, that doesn't mean you should be a bitch about it.

    Anyways thanks for the help nonetheless. I'll work on registering a DMCA agent. Thank you.
     
    Unify, Aug 3, 2012 IP
  4. browntwn

    browntwn Illustrious Member

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    #4
    Unless someone else is posting the content to your website there is no reason to file as a DMCA agent. It does not offer you any protection when you upload the content or put it on your website yourself.
     
    browntwn, Aug 3, 2012 IP
  5. Unify

    Unify Member

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    #5
    Well fuck.
    D:

    I think i'll still have it in case it can save my ass. Maybe someone would rather ask me to remove content rather than throwing up a lawsuit.

    And yea it's all me embedding the content, so I guess it's pointless for me to file anything.

    I'll just write out a new DMCA page in hopes people would rather ask me to remove the content.


    Anyways would I and can I really be shut down for embedding videos from red tube and other porn websites? I really doubt it. There's thousands of other websites doing it. And the embedding feature is public so I don't see how it could really affect me. I'm not familiar with the law but It just doesn't make sense to me.
     
    Unify, Aug 3, 2012 IP
  6. browntwn

    browntwn Illustrious Member

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    #6
    If those sites' terms allow you to embed videos than you would obviously be allowed to do so. I don't really follow that area so I have no idea what they allow.

    I think it is a good idea to have an easy way to be contacted so if someone has a problem they can contact you to remove content. As far as DMCA, it is a specific law that allows an Online Service Provider a chance to remove content and not get sued when a user (either to a webhost, or to a site like youtube) uploads some copyrighted content. By giving the OSP a chance to remove the content, the OSP can be protected from getting sued. The person who uploads the content does not get any protection from the DMCA. It lets sites like youtube and webhosts have a chance to remove something before being sued because one of their customers uploaded something bad. So if you are the only one putting content on your website, it offers you no protection. Most people don't really seem to understand that aspect of it. I see people saying that they are sending other website owners a DMCA notice all the time. What they are really doing is merely sending a cease and desist notice to remove content, but it has nothing to do with the DMCA.
     
    browntwn, Aug 3, 2012 IP