Protecting your intellectual property and copyrights is important in the adult entertainment industry. In the United States of America, there are sets of laws that all publishers of content and distributors of content must adhere to.
For the studios and website owners who produce their own original content, by far one of the most important laws to know about is the Digital Millennium Copyright Act (DMCA). DMCA was passed and signed into law in 1998. It revolutionized copyright law in the United States and shifted the focus to IP across the entertainment industry.
What Is DMCA?
The federal Digital Millennium Copyright Act of 1998 codified two treaties adopted by the World Intellectual Property Organization’s member countries, aligning U.S. federal law with the international community.
DMCA criminalizes the illegal reproduction of copyrighted works. A provision in the new law also limits the liability of online platforms or service providers for copyright infringement by their third-party users.
Further, the DMCA adopted a public policy innovation in copyright law that grants an exemption from direct and indirect liability to online platforms and their companies for the actions of infringement by other individuals.
Why Does DMCA Matter in Entertainment?
The Digital Millennium Copyright Act is used to protect against content piracy. The entertainment industry uses the DMCA as a mitigation measure to protect its proprietary content.
Groups like the Recording Industry Association of America and the Motion Picture Association are major advocates for the DMCA and other benchmark copyright legislation to discourage and mitigate illegal downloading and online piracy (theft) of music and major motion pictures. DMCA is used quite liberally by the entertainment industry to threaten legal action against pirates.
How Does DMCA Impact Porn & Adult Entertainment?
DMCA applies to the adult entertainment industry because content piracy in the industry is one of the biggest issues and controversies as it relates to adult tube sites and other illegal platforms. To simplify, the DMCA is a legal mechanism that enables individuals and studios who are victims of content piracy.
For example, adult content pirates may upload stolen porn videos from an OnlyFans account to a popular porn tube site that doesn’t require user and age verification.
If the original publisher detects the stolen content, they can submit a DMCA complaint form. It is incumbent upon the site operator to heed the complaint and remove the content reported by the complaining publisher. At least, this is how things would work in a perfect world when submitting a request to protect copyrighted content.
DMCA Criticism
There is considerable criticism of the success and implementation of the Digital Millennium Copyright Act. The Information Technology & Innovation Foundation suggests that the DMCA, while ostensibly designed and enacted to reduce online piracy, has done nothing to limit a recent uptick in piracy online.
The Global Innovation Policy Center, an affiliated organization of the U.S. Chamber of Commerce, estimated that online piracy accounted for more than 26.6 billion views of U.S.-produced films and more than 126.7 billion views of TV episodes each year. The same information from the Global Innovation Policy Center also indicates that other statistics show online piracy clearly covers photos and short videos, including adult content and porn pics.
How Do You Report DMCA Claims?
DMCA reporting is, nonetheless, a necessary process. The DMCA notice-and-takedown process is a legal tool for copyright holders to remove user-uploaded content that infringes on copyrighted works.
There are several elements that must be included when you submit takedown requests and notices, and they must be clearly outlined and direct. Otherwise, service providers, such as adult websites, can refuse to comply with a takedown order without mentioning the material. Even if a takedown notice is submitted and meets the legal requirements of the DMCA, service providers may still refuse the request. If they refuse, they open themselves up to lawsuits.
This process often requires a lawyer and knowledge of copyright laws. However, several services and consultancies for adult content creators and studios make DMCA reporting and takedown requests simpler, streamlined, and even automated. We have written about the best content piracy mitigation providers for site owners and creators.
Should I Retain an Intellectual Property Rights Lawyer?
What should you do when you are dealing with content piracy and violations of your intellectual property?
Besides having a firm like Take Down Piracy, the best solution is to retain a lawyer who specializes in intellectual property rights and free speech. In fact, we wrote up a recent blog post about the best lawyers in the adult industry. All these lawyers are extremely well-regarded across the adult entertainment industry.
