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DMCA Rules and Hosting Adult Content - Seeking Guidance
Hello,
I'm looking for advice on DMCA rules from a hosting perspective. I have a collection of adult content that I purchased years ago and for which I have non-exclusive rights and the necessary IDs. Due to various circumstances, I haven't published it yet.
My concerns are:
1. Can someone send a DMCA takedown notice claiming they have exclusive rights and published the content first?
2. If this happens, am I at risk of having my content removed?
3. Should I consider hosting on a non-DMCA compliant platform, or would hosting in the EU be sufficient to mitigate these risks?
I'd appreciate any insights or recommendations from a hosting provider's point of view. Thank you!
Comments
EU may be better for the DMCA part but when it comes to copyright. Kinda depends on the provider. But if you can show proof that you actually own it. Then here in the states would be fine.
However every host going to have its own rules as far as content taken down and when.
Why do some think that EU is Porn Friendly???
Rules on adult content differs slightly between countries ( EU ) but most will have this rule:
1- if you host adult content, you will have to notify at least 1 GOV agency within a few days of starting the website. ( where the content is actually hosted/pubished )
2- you will have to implement some method of informing the visitor that this is an adult website ( like continue only if you are over 18 years older or other )
3- Eu countries are sensitive to porn content, so if you post underage/minor shit this will probably get you some legal implications.
Almost all of established EU providers will not let you host Porn ( and this by TOS ). Legal implications are too much of a headache, and definitely not worth it for a few USD / month provider wise.
Yes, someone can..
Fox took a YouTube video (without asking for permission from the creator), used it in an episode of one of their shows, then filed a takedown request for the original.
Showcase (Canadian TV channel) paid USA Network for distribution rights of Mr. Robot in Canada, TV and online. USA Network filed requests with Google to have all of Showcase's Mr. Robot pages removed from Google web searches.
Always, but if you are running the service on your own VPS or dedicated server, you are at risk that the host kills your VPS.
Chances are good you'll be using a CDN, expect that your CDN will receive take down notices.
There is no good answer... There is the way it is supposed to work and the way it actually does.. Really, it depends on your host.
Did you purchase distribution rights? Any restrictions on your distribution?
Hi,
It's as simple as this:
Anyone can send an email claiming anything, period.
If you host with a normal datacenter, no. It would not.
You should consider talking to someone who specializes in hosting sensitive projects (i.e. myself) or simply go and use a 100% DMCA ignore platform such as @vsys_host without talking about it, and taking your chances, i.e. if the reporter claims the content was underage (even though it is not), but the datacenter does not care, etc, etc.
Happy to help if I can.
>
Thanks.
I haven't run sites for almost a decade—yep, 10 years ago it was just like you said. I was willing to say that, but I asked the questions just to make sure nothing had changed.
I'd still be wary, and request to speak to the datacenter owner and/or operator to make sure that one of the techs won't nullroute you due to a fraudulent report, etc. Especially if it's the type of content that is pirated a lot, and has a lot of competitors, so even though you commissioned it, but have just lost the docs, doesn't mean that you would be able to do much, really...
these are mostly laws that while they technically exist, they aren't being enforced
for example:
https://legislatie.just.ro/Public/DetaliiDocument/43795 art 7:
(1) Persoanele care realizează site-uri cu caracter pornografic sunt obligate să le paroleze, iar accesul la acestea va fi permis numai după ce s-a plătit o taxă pe minut de utilizare, stabilită de realizatorul site-ului şi declarată la organele fiscale.
"People who create pornographic websites are required to password protect them, and access to them will only be allowed after paying a fee per minute of use, established by the website's creator and declared to the tax authorities."
as far as i know, there have been proposals to block and fine porn websites but none have ever went anywhere
That sounds non-specific enough to make me think you don't have legal redistribution rights or you'd have a contract with rights explicitly stated.
Was your post just a desperate attempt to boost your post count? I mean, I didn't ask for your emotional diary entry, but thanks for sharing your feelings anyway! 😂
Emotional diary? Which emotion was emoted, sir? Is skepticism an emotion?
After 10k posts, they don't start going 10k and 1. It's just 10k until, I presume, I make 11k. So I guess you should worry when I reply 999 times.
You can click on a username to see post counts in the future, kid. Save yourself from looking like a know nothing baby.
Also, don't be a dick and click the Thanks links for the people who replied and you didn't get pissy with.
Because some countries, like the Netherlands, for example, are?
There isn't really any EU-wide regulation about this. Each country mostly makes its own rules.
So, any claim about the whole of the EU is just plain false.
Morning, There is a adult forum called gfy.com Yes it is a pool of hate and crap, but there is also a lot of good information hiding in it.
If your looking for a big player in the adult field one is mojohost.com but a 2G2C starts at $29/M.
Now if your able and willing to manage your own, I personally use now BuyVM as Fran allows legal content on his network. Also the DC he is in Fiberhub Rob and the guys allow this as well. If your looking for in my eyes a good provider in the EU Layer7.net is who I use.
If you would like some links and test of some of my sites performance, please shoot me a dm as they are adult links and I don't wish to post them here.
Thanks,
Anthony
If you created the content, you are likely the copyright holder (assuming you have model release forms).
If you didn't make or license the content, you are likely using it illegally - and yes you are subject to DMCA/copyright infringement requests. Unless the copyright holder gave you permission to use or share that content, you are likely breaching their rights (at least under US copyright law).
DMCA is a US laws, but many countries around the world will comply with it - especially countries that have US extradition laws or smaller hosts that are scared of the legal repercussions.
You would have to find a web host that doesn't cooperate with US laws (usually those that don't have an extradition clause) and a web host that openly acknowledges it doesn't comply with dmca ("bulletproof"). Note that if your domain or any servers you use are under US control, they can still take you down with a DMCA request.
Yes, Someone could potentially send a takedown notice if they claim exclusive rights, which could lead to your content being removed. Hosting on a non-DMCA platform might seem tempting, but it’s essential to weigh the risks, as EU hosting can still face DMCA challenges.