Trademarked Watermarks / Logos Works Better Than DMCA
A big shout-out to Michael Fattorosi over at PornLaw for bringing this huge revaluation to our attention. If you’re a performer in the adult industry, be it cams, clips, whatever, you know piracy is a huge issue. You might have even contracted with a DMCA provider, just to learn that some sites are hosted in countries that don’t honor Western intellectual property laws. This means that DMCA holds zero weight to the webmaster and the country’s legal system.
When that is the case, one must get creative when it comes to fighting piracy. Today we’re going to be talking about a completely new arrow in the quiver; trademarked watermarks. Something that is affordable and holds weight in more countries than DMCA. Here’s all the details.
Removing A Watermark Also Violates Trademark Law
It’s also come to my attention that the removal of a trademarked watermark or logo might also violate trademark laws. This is good news, as otherwise, a simple work-around could be to simply cut out, blur or cover the watermark when posted pirated content. For details on when removing a trademarked image does or doesn’t violate law, it’s recommended to consult a lawyer specializing in trademark law.
How To Trademark Your Watermark Or Logo
When trademarking your logo, it’s suggestion to consult a lawyer who specializes in trademark law. Bonus points for finding an adult-friendly lawyer, as they better understand other issues unique to the industry, such as the type of piracy that occurs and how important privacy is. There are DIY ways to file your trademark, but if you don’t get it right the first time, that might mean refiling at a later date. Best to get it right the first time. A good lawyer can also consult you on everything you need to know about trademark laws, and how to better leverage your new trademark in the fight against piracy.
If you’re in need of a good and knowledgeable adult attorney, holler at Michael Fattorosi over at PornLaw. To date, he’s the only attorney I’ve seen bring up the power of trademark in the fight against piracy, and is the reason we’re having this discussion today. More lawyers can be found on XBIZ.
Remember: Not All Countries / Webmasters Honor Trademarks
Of course, not all countries are going to recognize US / Western trademark laws. With these countries, you’re going to run into the same issues as you would with DMCA. Luckily, for some countries, there are things you can do. There is something known as the Madrid Protocol that allows you to file trademarks in all opted-in countries (currently at 115) with a single application and a single fee.
Countries That Are Part Of The Madrid Protocol
|African Intellectual Property Organization (OAPI)|
Antigua and Barbuda
Bosnia and Herzegovina
Democratic People’s Republic of Korea
European Union (EU)
Iran (Islamic Republic of)
Lao People’s Democratic Republic
Republic of Korea
Republic of Moldova
Sao Tome and Principe
Syrian Arab Republic
the former Yugoslav Republic of Macedonia
United States of America
More Ways To Fight Piracy
Piracy is a major issue in the adult industry. It undermines everyone’s traffic and profits. Luckily, there’s tons of ways to fight back. Here are some of the main ways performers can fight stolen content, and take back their traffic and profits.
DMCA Takedown Requests
DMCA is the most common form of anti-piracy. DMCA takedown notices are generally directed towards the webmasters of infringing sites. Those aren’t the only places where DMCA takedown requests can be submitted. Web hosts, search engines and other services can all be notified. If successful, they’ll cease working with the infringing webmaster.
Submitting DMCA Notices To Google
Google is the main traffic source for many pirate sites. This includes Google search, video search and image search. Getting content removed from Google is easy. Best of all, many models have stated they’ve had success submitting the DMCA takedown notices under their stage name and not their real name. By removing the pirate site results from Google, models are able to take back their traffic and search results, greatly hindering the impact of piracy.
Partnering With A DMCA Agency
Partnering with a DMCA agency is one of the best routes to take when getting stolen content removed from the internet. It takes a small investment, but that investment is definitely worth it. DMCA agencies proactively monitor the internet for stolen content. Many using automated crawlers and bots. These agencies also use every method at their disposal to get the content removed. Best of all, it’s their name on the takedown notices and not yours.
Does Your Camming or Clip Site Offer DMCA Services?
If the networks you’re performing on offers DMCA services, it’s best to take advantage of it! When the network is submitting the request on your behalf, it’s no cost to you. It’ll also contain the contact information for the business, and not your personal information. Keep in mind that the free DMCA services offered by the networks only go so far, but it’s definitely better than nothing!
Getting Uploaded Videos Removed From Pornhub
You can’t have a conversation about stolen clips without Pornhub and other tube sites coming up. Because anyone can register an account and upload content, the tube sites end up hosting tons of stolen content. Luckily, it’s fairly easy to get content removed from Pornhub and other tube sites.
Taking Back the Stolen Traffic and Revenue
The pirated content has no impact if nobody is able to find it. Although making the content 100% undiscoverable is a near-impossible task, it does help. Finding out how the visitors are discovering the stolen content, and making sure they find your promo content instead greatly reduces the impact of piracy. The increased promotion on those channels has positive impacts itself.