How harsh is DMCA, copyright enforcement on Cock Heroes?

[Philocalist]

Hi guys,
As in the title you see I was wandering about copyright issues regarding high quality visuals and music. Do you have any tips and tricks or suggestions to avoid getting flagged for something I could have avoided?

[PrimeSwitch]

Takedowns happen when you host on streaming sites. Although while getting clips for my first project (Prime Fitness), I did get a cease and desist letter from my ISP for trying to torrent one of the vids.

There are a variety of studios that are more zealous about their content, but they don't normally comb through Cock Hero videos. My advice when loading them to a streaming site is to pick a thumbnail that isn't a dead giveaway for that studio (ex: Head Bobbers and Hand Jobbers).

Lastly, there will be people in the comments section asking, "WHO IS THIS GIRL AT XX MINS AND XX SECS?! TELL MEE I NEED TO KNOW" and that will pop up on search results. I had a PMV with 1.5 million views over a weekend and it got taken down so quick once the full list of performers came out. That's an easy way to get a video removed, since producers will only have to search a username to find a video. I now delete all those comments that come up on my new releases.

[Philocalist]

Wow thanks, that is truly helpful.

[book_guy]

More generally on the subject of copyright (in the USA):

There are also "copyright troll" lawyers and similar. Their business model is to try to figure out who might have breached copyright, and then pressure those (potential) breachers into a settlement-agreement, and THEN sell their success stories to the legit. copyright-holders. If you get contacted by any of them, just tell them they're a troll and ignore them. If they persist, hire a lawyer, it's no longer particularly "legal" in many senses of the term, to pro-actively troll for infringers (or any other law-breachers) without having authority to do so, either because you do officially represent the copyright-holder already or because there's already been a lawsuit and a settlement and other court actions. This trolling was a great way for a few enterprising snake-oil salesmen to take advantage of a loophole in the rules about representation, a loophole found soon after one major part of the copyright regime was changed, but most of the loophole's hole has been closed up, now.

In my opinion, "how harsh" a copyright-enforcement suit might be, is mostly a question of the copyright-holder's OWN vigor in enforcing it. They can go out of their way to hunt you down and ruin your life if they think it's worth it.

They will ask themselves, can they SUCCEED? Unlikely. But the mere fact of their trying may make your life very very unpleasant. Do they WANT to make your life very very unpleasant? Also unlikely. They just want their fair money and they want it as quick and easy as possible. Being hauled into a long drawn-out legal battle is REALLY not in their best interests either. So really what they're asking themselves is, should they bother with the trouble. How much did they (theoretically) lose, how much might they (theoretically) gain, what amount of effort is worth what amount of reward. Enforcement of copyright is almost entirely based on pro-active behaviors of the copyright-holders. They have to go out there and push you back into your box. It's mostly not like enforcement of criminal laws, in which any reasonable suspicion that you might have broken the law, can very easily lead to an official government agent looking into your life, and expending the efforts FOR WHICH HE IS PAID A DAILY SALARY to find you and prosecute you. For murderers, State and Federal officials have dedicated offices which go out of their way to pro-actively catch and jail the bad guys. For copyright infringers, the system is much more, that some private citizen (or company) has to try to enforce his rights by petitioning a court for redress (starting a lawsuit) against the (alleged) infringers. (Usually. And there is no such thing as State copyright.)

This is all generalization, not to be taken literally. If you find yourself in a true legal dispute, I strongly advise you not to continue to solicit (or follow) legal advice solely via anonymous forums on the internet.

[Philocalist]

Thanks. I was hoping for what you said, but I needed confirmation. Do any of you have experience about using music in your work? Will the video be put down for that?

[Afapp]

Should I not answer who's that girl posts? I don't want to get posters taken down. one of my favorite hobbies is to look for obscure porn stars and find them. the last thing I want is to have posters get DCMA or copyright requests because of my little hobby.

[janmb]

Takedowns happen when you host on streaming sites. Although while getting clips for my first project (Prime Fitness), I did get a cease and desist letter from my ISP for trying to torrent one of the vids.

Which is why VPN is a highly recommended thing indeed. No reason to ever let your ISP have access to your (unencrypted) Internet traffic at all.

[janmb]

Should I not answer who's that girl posts? I don't want to get posters taken down. one of my favorite hobbies is to look for obscure porn stars and find them. the last thing I want is to have posters get DCMA or copyright requests because of my little hobby.

If you answer, at least do it in an obscure way.

Klixen is not a wise word to ever type. N.e.xi_lK on the other hand, may indeed point a reader in the right direction, but will most likely not help a DMCA bot.

[zerooo]

I didn't face any DMCA notice for my cockhero.nl project, nor for any of my uploads on pornhub

[Philocalist]

Do you think that putting “credits” in the end I can avoid those “who's that girl” a d “what's that music” questions? Or it is useless

[Required]

I only had one problem, a few years ago, with the first Cock Hero Island.

I uploaded it to Xvideos and a few days later I got an email from a lawyer (or similar) from Katee Owen's site. They reported my video for using some of their content without permission. The video was taken down, but that was all.

The same video is uploaded on Pornhub and was also taken down a few months later. (You can find it again, since another user uploaded it, and his video has not been taken down).

That's the reason why I won't use any Katee Owen material again. (neither she hasn't done anything new lately ...)

Never had a problem for using any kind of music (and I use a lot of radio mainstream music...)

TL;DR: Do your cock hero vid, dude. You won't get arrested.

[VinDickDiv]

Takedowns happen when you host on streaming sites. Although while getting clips for my first project (Prime Fitness), I did get a cease and desist letter from my ISP for trying to torrent one of the vids.

Which is why VPN is a highly recommended thing indeed. No reason to ever let your ISP have access to your (unencrypted) Internet traffic at all.

Couldn't agree more.


My CH was taken down from p 0 rnhub fairly quickly the first time I put it up. Initially I tagged a bunch of pornstars. I recently reposted it with no stars tagged and it has remained up with zero issues. I also utilize a VPN and I do NOT create accounts with any E-mail hosting services which require a phone number to verify.

[doremi]

How safe is it downloading from mega legality-wise?? I once downloaded bloody Prometheus from torrent (it was "illegal", granted), and got into quiet a trouble. Let's just say a lawyer had to get involved. I live in Europe, if that matters.

Legally, torrents are considered "distribution" because of the upload component of the process so that is the issue. Big ISP also providing streaming services (TV, music, ...) will be more aggressive toward their Internet subscribers doing some torrenting. Small ISP don't care much.

File/Host/Storage/Cloud services are different because we download. We don't distribute. If a copyright owner have an issue, they have the download link nuked, and it generally ends there. This is happening all the time on PornHub. But if it's happening too often, File/Host/Storage/Cloud services may terminate your account, for example, book_guy's library.

As mentioned in previous posts, use of a VPN is a good idea so your ISP do not spy on your Internet use.

[mantrid]

There are also meta-downloaders like premiumize.me which can be used to download stuff from file sharing networks (like Torrent. Avoids that you are distributing these files.), usenet, some file hosters and some porn sides. You can use them anonymously, i.e. they can be payed with crypto currencies.

VPN is not intended for anonymizing. You connect your local network with the local newtork of the remote side. I would only use it if you can trust the remote side (which is the VPN provider if you use it for anonymizing). Making a VPN connection to an unsafe remote network safe is possible, but everything but trivial.

Alternatives are anonymizing proxies (many VPN providers also offer this. For just downloading it is sufficient.) and TOR (should be considered if you upload stuff).

[wellrested]

Thanks. I was hoping for what you said, but I needed confirmation. Do any of you have experience about using music in your work? Will the video be put down for that?

I'm not hugely on top of this, but I think:

The answer to this is yes, some music can result in a takedown (or silencing) of your CH.

Music sounds can be searchable, and if the company can find you using their music then the can do a takedown. Using covers of a song can help (stops algorithm matching), as can using smaller artists (don't have the time/resources to spend on takedowns and they like the publicity/exposure more). Of course an audible beat meter will be likely to trick an algorthm. Putting the names of the songs in the comments makes it easy to find them.

I wouldn't expect them to go any further than a takedown as they get lots of these. I'd also expect that unless you use something really recent the music studios wouldn't be spending much effort searching for it. Depending on where you host the video they may have a check when you upload (eg outside of the CH world - twitch searches for copyright audio in saved videos and mutes those sections).