DMCA For Adult Models
Adult content is the most pirated content in the world, mostly because it is also the most desired content.
With the growth of subscription sites like OnlyFans, Fansly, and ManyVids and the explosive interest in adult live-streaming sites like Chaturbate and CamSoda, online adult models have seen their original photos and videos spread across hundreds of pirate websites. Adult models face drops in subscribers, and revenue as their content becomes freely available for anybody to watch. Why would fans pay if they can get it for free?
The only viable protection is the Digital Millennium Copyright Act or DMCA. It allows copyright owners and their authorized representatives to issue takedown notices to hosting providers and search engines to remove stolen content promptly. While the success rate is very high, it's not an easy procedure to follow for the average Joe.
Content protection companies, like LeakArmor, remove the burden off of the creators —so they can focus on creating content— whilst their team hunts down stolen photos and videos and issues a large volume of takedown notices. Such stolen content removal services also have follow-up procedures and backup plans if a takedown notice is ignored.
How Does My Adult Content Get Published on Pirate Websites?
The theft of original creative work on adult sites follows a clear set of steps:
- The leaker obtains your content (photos and videos)
- The leaker stores that content across many file hosting services
- The leaker uploads your stolen photos and videos on some pirate or archive websites
- The pirate websites get indexed by search engines
From that moment on, your content is available for anybody to watch, download, and further distribute.
For live cam sites, leakers run armies of bots who load your live cam and capture the stream to save it in a location set by the leaker. For models and OnlyFans, leakers hack into a fan's account or become a fan and download all your images and videos. They don't mind spending that initial money, as all the views generated on pirate sites bring them substantial revenue.
Finally, if a person watches your content, they can simply Google your pseudonym and find all this free content for them to watch. This results in unsubscriptions, lost followers, and, more importantly, lost revenue.
Your only opportunity to remove all that stolen content is by using DMCA takedown notices available to all content creators, from book writers to adult cam models.
The Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) is a United States copyright law enacted in 1998. Its primary purpose is to address the challenges of copyright management in the digital age. The DMCA protects content creators by making it illegal to circumvent anti-piracy measures and establishing a system for copyright holders to control and protect their work online. This includes the right to issue takedown notices to remove unauthorized copiesof their content from websites and other digital platforms.
DMCA is an essential tool for safeguarding your work for adult entertainment content creators, such as fan and cam models. The adult entertainment industry is particularly vulnerable to piracy and unauthorized distribution, which can significantly impact a model's revenue and personal brand. Using the DMCA, cam models can take prompt action against unauthorized sharing and distribution of their content. This helps protect their intellectual property and ensures that they maintain control over the distribution and accessibility of their content, which is crucial for managing their online presence and income.
Important Terminology
- Copyright Infringement — the unauthorized use or production of works that are protected by copyright law, which violates the exclusive rights of the original creators or owners. For example, if someone uploads or distributes your photos or videos without your permission, they infringe on your right to control how your work is used and shared.
- Unauthorized Use — the use or production of works protected by copyright law without the permission of the original creators or owners and that do not fall under any of the exceptions or limitations of copyright. For example, if a website publishes a model's videos without their permission, they engage in unauthorized use of copyrighted content unless they can claim fair use or another exception.
- Leaked Content — the unauthorized use of a content creator's creative work (e.g., images or videos) on a public platform, which may harm the creator's reputation, privacy, or income.
- Service Provider — an entity that offers online services or network access, or operates facilities for digital online communications, such as websites, platforms, or applications, that allow users to post, store, transmit, or access material of their own choosing. Some typical service providers include search engines, social media platforms, website hosting and file hosting services.
- Takedown Notice — a legal request sent by a content owner or their agent to a website or service provider that hosts or enables access to infringing material. The website or service provider must remove or disable access to the material upon receiving a valid Takedown Notice, or risk losing their legal immunity under the DMCA.
- Fair Use — a legal doctrine that allows limited use of copyrighted material without permission from the copyright holder, as long as the use is fair and reasonable, does not harm the value or profits of the original work and serves a transformative purpose, such as commenting, criticizing, or parodying the work.
The Parties Involved In Leaked Content Being Available
- Content Creator — The individual or entity that produces and originally publishes the content, in this context, adult cam models. They hold the copyright to their creations and are directly affected by unauthorized distribution or leaks.
- Legal Publisher — A platform or service authorized by the content creator to distribute their content. This could include websites like OnlyFans or Chaturbate, which legally host and manage content as per agreements with the creators.
- Content Leakers — Individuals or entities who unlawfully acquire and distribute copyrighted content without the content creator's permission. They are responsible for the unauthorized spreading of the content, often leading to financial and reputational damages for the content creators.
- File Hosting Services — Entities providing online storage to host files, including videos and images. In the context of leaked content, they can inadvertently become repositories for unauthorized copies of copyrighted material, especially if they don't have stringent policies against such misuse.
- Website Hosting Services — Entities providing the infrastructure for websites to operate on the Internet. Some of these hosted websites might be involved in the unauthorized distribution of leaked content, raising concerns regarding their role in copyright infringement.
- Search Engines — Companies that index and provide search results from across the internet, which can include links to websites hosting leaked content. Their role becomes crucial in responding to DMCA takedown notices to remove such links from their search results, thereby reducing the accessibility of leaked content.
Limitations of DMCA
Whilst DMCA is a very powerful tool to remove stolen content from pirate sites, it does have its limitations that content creators and adult models need to understand.
- Copyright Law — The DMCA is not a substitute for traditional copyright law. It provides a specific procedure for addressing online infringement, but it doesn't replace the broader legal framework for copyright protection.
- Counter-Notice and Restoration: The alleged infringer has the right to file a counter-notice. If this happens, your content could be restored to the platform unless you file a legal action within a specified time frame.
- Jurisdictional Limits — The DMCA's authority is primarily within the United States. Content hosted on servers in countries outside the DMCA's jurisdiction may not be as easily addressed. Pirate sites and leakers often exploit this by hosting content in these regions, making enforcement challenging. Luckily, most jurisdictions have similar frameworks to DMCA (e.g., cease and desist notifications).
- Process Can Be Slow — The procedure for DMCA takedowns can be slow and cumbersome. It often requires constant monitoring and follow-up, which can be time-consuming for content creators.
- Persistent Infringers — Some infringers continuously move their content to new sites or use methods to evade detection, making it challenging to stop piracy of your content completely.
- Safe Harbor Protection — Online service providers are generally immune from liability for infringement if they follow the DMCA's "safe harbor" provisions. This means they aren't held responsible for infringing content on their platform unless they have actual knowledge of the infringement or are notified and fail to remove it.
- Demonstrating Ownership — The success of your claims will depend on proving ownership of the copyrighted work and demonstrating that the alleged infringing content is indeed a substantial copy of your work.
- Limited to Online Content — The DMCA is designed to address online copyright infringement. It does not apply to offline distribution or other forms of copyright violations.
Practical Steps to Protect Your Content
From manual internet searches to hiring a stolen content removal service like LeakArmor, you can take very effective measures as an adult model to protect your original content online.
Watermark Your Content
Place a unique watermark on your videos and images. This makes it harder for others to claim your content as their own and more accessible for you to prove ownership. The downside is that with adult content, the viewer won’t be bothered by watermarks and will keep consuming stolen content.
Search For Leaks Manually
Search for your content regularly using search engines to check for unauthorized copies. You can generally enter your username from whatever platform(s) you use (e.g., OnlyFans, Fansly, Chaturbate), alongside some keywords a viewer would use such as “cams”, “videos”, “free videos”, “free cam”.
For instance, if your pseudonym on Chaturbate is “jamie_69”, you would type in Google “jamie_69 free videos”. Many of the top results will be your legit profile on that platform, but the more you scroll, the more archive pages you may find.
Search For Leaks Automatically
Use Google Alerts with your name or unique content titles to get notified when new mentions appear online. You can use similar keywords in Google Alerts to be notified by email when new pages appear. The downside is that many alerts may be false alarms, and many real leaks may not be uncovered as pirate sites use different keywords, and you may not flag them all.
Leak Detection Service
Use a leak detection service, like LeakArmor, to monitor the web and the dark web and surface where your content is being shared online. LeakArmor can then issue DMCA takedown notices to remove your adult videos from these pirate websites. This is the fastest way to clean up a mess and keep the internet free of your leaked photos and videos.
Responding to Copyright Infringement
Identifying Infringement of Your Content
Once you find your content being used without permission, document the infringement by taking screenshots or saving URLs as evidence. It is a good idea to search a specific website for other instances of unauthorized use of your content so that you can bundle all infringing content in a single takedown notice.
If you have hired an agent who can license or authorize the use of your content by third parties, make sure they have not authorized this given website before you make your claim.
Drafting and Sending a DMCA Takedown Notice
Essential Elements of a Takedown Notice
When drafting a DMCA takedown notice, include the following:
- Your Contact Information: Name, address, email, and phone number.
- Identification of Infringed Content: Clearly describe your content that has been infringed upon, providing URLs or other identifiers.
- Location of Infringement: Specify where the unauthorized content is, with URLs or other relevant details.
- Statement of Ownership: Assert that you are the copyright owner or are authorized to act on behalf of the owner.
- Good Faith Declaration: Include a statement that you believe, in good faith, that the use of the content is not authorized by you, your agent, or the law.
- Accuracy Statement: State that the information in the notification is accurate.
- Signature: Physically or electronically sign the takedown notice.
Sample DMCA Takedown Notice Template
There are many templates of takedown notices available online. The below sample template below is a good start, though we recommend you always consult with a professional to ensure you include the required relevant information. Many takedown requests go unanswered because they lack essential details or were addressed to the wrong contact.
Subject: Notice of Copyright Infringement — DMCA Takedown Request
To: [Name of Designated Agent for Service Provider]
Designated Agent for DMCA Notices
[Service Provider Name]
[Service Provider Address]
[Service Provider Email Address]
Dear [Designated Agent],
This is a notice, in accordance with Section 512 of the Digital Millennium Copyright Act (”DMCA”), requesting that you immediately cease to provide access to copyrighted material owned by [Your Name or Company Name].
The copyrighted work at issue is:
- [Description of copyrighted work, including title, author, URL of original work (if applicable)]
The infringing material is located at:
- [LINK]
I have a good faith belief that the use of the aforementioned material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
Under penalty of perjury, I certify that the information provided in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
I hereby request that you immediately remove or disable access to the infringing material. I also request that you take reasonable steps to notify the user who posted the infringing content that it has been removed and that repeat offenders will have their accounts terminated.
Please contact me at the following address if you have any questions or concerns regarding this notice:
[Your Name or Company Name]
[Your Address]
[Your Phone Number]
[Your Email Address]
Sincerely,
[Your Signature]
[Your Printed Name]
Date: [Date of Notice]
Following Up on Takedown Notices
After sending the notice, monitor the infringing site to ensure the content is removed. If the site fails to comply, consider following up with additional emails or consulting a legal professional. Keep records of all correspondence related to your takedown notices for future reference. If you receive a counter-notice, seek legal advice to understand your options and next steps.
Partnering with Platforms for Better Protection
Some platforms may be able to help you enforce your rights but their processes might take months to reach a satisfactory outcome. It's also not really their job to protect your copyrighted works (photos and videos) but if you generate a lot of revenue for them, they may try to assist you.
Understanding Platform Policies
Familiarize yourself with the terms of service and policies of all the platforms you use, like Chaturbate, CamSoda, OnlyFans, and Fansly. Each platform has its own set of rules and procedures for handling copyright infringement. Understanding these policies can help you effectively utilize the platform's resources for protecting your content. Look for sections in their terms of service related to content ownership, copyright infringement, and DMCA compliance. Knowing these policies ensures you can swiftly take action when your content is misused.
How to Work with Platforms in DMCA Matters
When dealing with DMCA matters, establish a line of communication with the platform's support or legal team. Notify them immediately when you identify unauthorized use of your content on their service. Provide them with a detailed DMCA takedown notice, following their specific submission guidelines. Collaborate with the platform to track and address the infringement effectively. Some platforms may offer additional tools or services to monitor and protect your content. Keep a record of all interactions with the platform for future reference and follow up regularly to ensure your concerns are addressed. By actively working with these platforms, you can leverage their resources and policies to protect your content better.
Further Reading, Legal Resources & Support
Key Legal Websites & Documents
- U.S. Copyright Office: The official website of the U.S. Copyright Office provides comprehensive information on copyright law and the DMCA. Specifically, check out the "Copyright Basics" and "DMCA Takedown Notices" sections (https://www.copyright.gov/dmca/).
- Electronic Frontier Foundation (EFF): This digital rights advocacy group offers clear and concise explanations of the DMCA and its implications for creators, including adult content creators.
- Sex Work CEO: This website features insightful articles and resources specifically tailored to the needs of adult content creators, including several pieces on copyright protection and the DMCA.
- Fair Use Guidelines: Understanding fair use is crucial for creators. The U.S. Copyright Office provides resources and guidelines on fair use, which can be relevant for adult content creators in some cases.
Peer Support & Community Forums
- The /r/onlyfansadvice subreddit is a community for OnlyFans creators to exchange advice and tips, discuss relevant topics and address piracy concerns. The community is managed by OnlyFans creators.
- The /r/CamModelCommunity subreddit is a welcoming community for cam girls, models, and adult content creators to network, share experiences, and seek advice.
- The Adult Performer Advocacy Network works to improve adult performers' working conditions and safety.
Seeking Legal Advice for Complex Situations
In complex situations, such as persistent infringement, receiving counter-notices, or dealing with large-scale piracy networks, seeking legal advice is crucial, even if ti may cost tens of thousands of dollars. A lawyer specializing in intellectual property and copyright law can provide you with tailored guidance and strategies. They can help you understand the nuances of your case, navigate the legal system, and determine the best course of action.
Additionally, a lawyer can assist in drafting legally sound DMCA takedown notices, respond to counter-claims, and represent you in any legal proceedings if necessary. Remember, while online resources and community advice are helpful, they cannot replace professional legal counsel in complicated or high-stakes situations.