I'm not a lawyer so take this with a grain of salt and please correct me if I'm wrong on any of this.
throwawayacct wrote: Thu Dec 10, 2020 6:13 pm
With compilation/CH/tease comps like numberonefan or pseudonym's to name a couple - in my mind these aren't strictly violations because 1) they're not profiting in any way
Whether you do or do not profit doesn't change anything in this situation. You are still infringing on their copyright and could be sued either way. The only difference might be the likelihood.
Plus I've recently created a Patreon so...
throwawayacct wrote: Thu Dec 10, 2020 6:13 pm
2) the work could increase the traffic to specific performers
True, but you would have to prove it in court. On the other side the copiright holder could sue you for the amounth of lost revenue (price of the infringed content * number of views = you get fucked in the ass) if they really wanted to ruin your life.
throwawayacct wrote: Thu Dec 10, 2020 6:13 pm
3) using a whole combination of different performers/scenes isn't necessarily taking the artist's work.
Whether something falls into fair use cathegory is, again, decided by courts. But in my opinion there is close to zero chance that any CH video as a whole would be considered a fair use. The visual portion in some rounds might? Perhaps? But don't forget about the music. You can't defend that.
throwawayacct wrote: Thu Dec 10, 2020 6:13 pm
We say 'Big deal" and move on because it's porn.
I say we move on because there are no real options to do what we do legaly. I did some quick "research" on feasibility of legal CH videos some years ago and come to this conclusion:
1) We could only use appropriate Creative Commons music. It sucks, it's extremely limiting, but it's possible I guess.
But what is worse:
2) There are no even remotely reasonable ways to acquire permissions, licences or to pay a fee to the right holders of videos that we are using in our edits. Good luck with emailing all the porn studios and getting even one response let alone any kind of permission.
The solution that came to my mind would be cooperation with amateur porn producers and to create some mutaly beneficial relationship.
But at that point you realize that all of it is just
more work on top of what is already pretty hard and time consuming hobby and to gain what? To greatly limit your creative options and make much worse CH videos.
So yeah, there is no way for us to create anything similar to what we do now legaly.
throwawayacct wrote: Thu Dec 10, 2020 6:13 pm
I think it's important to have an honest conversation about this specific aspect and how it affects performers both negatively and positively. Forget the studio's interest, or host site's investment - while the vast majority of remix/redux/comp content producers are doing so out of appreciation and homage, it's still not normally involving the artist whose image we're enjoying. What's the right thing to do there? Give credits? Link to performers' sites or catalogs?
Giving credits and not editing out wattermarks seems like the only thing that we can do at this moment.
When it comes to morality of what we do, I would argue that the damage done by us is probably non existent and we are actually making some money to the right holders.
No one goes to PH to search for a particular CH in order to listen to that one song. You either buy it directly or listen to it on YT or Spotify and pay for it in form of ads or subscription.
When it comes to porn studios, the problem is so large that CH videos are like a drop in the ocean, but sure, let's focus on piracy.
I think that the great Gaben was right when he said: "Piracy is a service problem".
Look how succesful is Valve's Steam gaming platform. If there was something similar for porn with reasonable prices or subscription, I would use it instead of Empornium.
Cock hero is not destroying porn industry. They are destroing themselves and the piracy is just a symptom.
throwawayacct wrote: Thu Dec 10, 2020 6:13 pm
For DMCA, if you know artists or performers in any medium, you'll know they aren't fairly compensated for their work while all the rest at the trough are getting their fill too.
True. This article seems to be very topical and get us nicely back to conversation on PH and how fucked up the copyright laws and porn industry is: (If atleast half of what is written there is true)
https://slate.com/technology/2014/10/mi ... tries.html