DMCA/Copyright notice , help needed

Hi how do i create a dmca/copyright notice , my site has adult content videos / pics , please help many thanks

 You want a DMCA takedown notice ? or just notice something to warn others ?

Also, anything you create that is original is auto copyrighted as standard ...

The DMCA/Copyright notice is used to help prevent lawsuit by a copyright owner under the DMCA.  It does not matter what the content is.  The adult film industry has increased their lawsuit over uses of their content without permission.  With the DMCA takedown notice in place, a copyright holder must first request that the offending material be removed from the site.

My understanding is to be protected under the DMCA you need to register your domain with the copyright office and pay a fee (Currently I think it is around $110.00.  You must designate a takedown officer and put that information on the site; often you will see an online form with the takedown officer listed and the form provides a way to request the takedown.  Make sure that form reaches you; is sent to an address that you monitor because if you ignore the takedown request, then the next step is probably a lawsuit.  If the content is not violating copyright, such as you own the content, then you can reply as such but if it is copyrighted material, I would take it down and not try to fight as they have lawyers and deep pockets.

You can not file for DMCA protection online, you have to download the form, fill it out and post it to the Copyright office.

Ah, I wondered how that worked. I was syndicating a RSS feed from a website whose RSS feed included a full feed (not excerpts). Somehow the content owner found my website and emailed me threatening DMCA take down.

Even though that website was giving out full content. I just turned it off as I didn't want the problems.

The same holds true for YouTube videos; even though the YouTube video is not on your site and you are merely streaming it off of Google's servers, they will still come after you even though you do not have their content on your servers; this is a problem with the courts being stupid and not understanding how the internet works.

Now in your case, I don't understand why they ask you to take it down.  If you were using a RSS feed from their site; then they were granting you permission because that is what a RSS feed is, it allows others to post your content unless their site had a notice that the RSS feed was for personal feed readers only.  The thing is, why were they publishing a feed in the first place?  There are other methods beside RSS to allow members to read content offsite.  When I see a feed, I assume that one can post the content.  I will have to read up on RSS feed and copyright.

YouTube is indeed a funny situation in particular ... you can have actions taken against you yet; YouTube openly encourage you to share / embed videos and almost all users / video owners are there for views, cash and the world to see their videos etc

however at anytime these people and can 'come after you'

not stealing content but you are stealing content also ?!

 Not exactly sure what this means. From my understanding, just because you create something does not mean it is copyrighted. If someone sees and and gets it officially copyrighted, its a battle trying to prove you did it first. Now, there is such a thing called the "Poor man's copyright". If it is music or video, put in on a disc, if it is a document or pics, have an actual document or pic - place in an envelope and seal real good. Then mail it to yourself and never open it. The postmark can serve as a 'creation date' if you ever need to prove you did something first.

I thought the same.... 

Why publish RSS feed in the first place, especially full feeds when there is an option to post only excerpts? I read a bit online about it but there are mixed results. I'm just curious about the legalism on that. If I was to be an ass and tell that content owner that I have every right to syndicate the RSS feed because technically, it was made public. 

Can I actually get in legal trouble for that or is that just "talk"? I've already checked the website and there is no indication that RSS is to be used for personal use. Well, personal use or not is a legal grounds enough to employ a DMCA takedown?

After all, dolphin sites employ numerous RSS feeds so I'm curious about the legality of this whole thing. Can I tell other website owner to take down a RSS feed on my website because it's being used in a negative mode? I don't think I can... unless I could put in lot of money in retaining an attorney in that state where the website is being operated from. 

I don't have the answer; I would need to do some research on RSS feeds and how they apply to copyright and DMCA.

I am glad this topic was brought up as I am now worried about one of my modules, and other modules on the market that pull in Youtube videos.

I was under the impression that YouTube has a long-standing relationship with all the big production companies out there, and if any content is uploaded that needs to be taken down, then it will be done by youtube, thus making it unavailable to any site that has that video embedded. So, with that theory, no-one should need to come after the little sites that have the videos embedded. Now, if this is not the case and they can come after the small guy, then that's f'ed up. With a simple phone call they can call youtube and it will be removed from all sites that have it embedded.

(I am pretty sure it may be a little more envolved than that, but the simplicity of it is what I was trying to relay)

Err... state, operator from.... not the website itself where it is being hosted. Yeah... legalism... 

The USA copyright does say that when you create content it is copyrighed.  It also goes on to say that proving it is difficult without obtaining a copyright from the copyright office.  I have also read that "poor man's copyright" are not very court worthy.  It is probably best to copyright work officially when possible.

Related article i read: http://www.blogher.com/bloggers-beware-you-can-get-sued-using-photos-your-blog-my-story

 I have talked about this before here:-  THREAD

if you choose to register a copyright it provides a public record of ownership, plus registration is necessary before filing an infringement suit in court, but like I said above ... original work / content is already copyrighted from the moment of it's creation.

Here is the thing with YouTube.  If you are the owner of the video and you turn on the embed link, under the ToS of Google's YouTube, you are legal if you embed that content.  In this case it is consider distribution even if the video is not on your server.  Now, If the person that uploaded the video did not own the copyright, you can not legally embed that video.  Of course you don't always know if the person that uploaded the video owns the copyright or not.  If it is a video of music artists, then you have a pretty good idea the uploader did not have permissions.

I don't know about any agreement with YouTube and content producers.  We need to investigate that; if YouTube has signed an agreement, then that would take a lot of worries from us; however, I don't know.  Which is why I am working to get DMCA installed on my site.

I'm not saying it's right to take content that is not yours without permission; but the fact is that most if not all content owners would not jump in and sue right away >> they would send you notice requesting the content be taken down >> if after this point you refuse to take it down; you can expect them to take official actions BUT this can be costly to the average person and even at this point; very few people would actually go as far as taking legal actions.

There has been numerous BIG media companies etc that have openly taken and used content they do not own > been requested to take it down >> the companies have refused and been more than happy to get sued $$$$$$$'s rather than take down the content for whatever reasons until it's removed by higher powers.

What can we do then , i dont have the money for the DMCA take down

 I had Video Zone mod on my site so members can copy and paste YouTube link.

So Google asked me to remove that mod.. After I removed the mod Google Disable my Absence Account...

what if the media is not hosted on your server ie my site has pornhub and xhamster videos

I don't think anyone has to worry about embedded videos. They will go after the one hosting the content to take it down. Once it's down the embed will no longer work.

Its when you take the video, re-encode it and host it yourself that you may have a problem. So as long as your not doing that, then i would not really worry about it to much.

You can not run Google Adsense on any sites but ones that host original content; this is from Google.

 I would do everything else; put up the DMCA takedown contact form; you can get examples from the net.  I would list a takedown officer.  If they see that on your site they may just follow through with asking you to take the content down without bothering to check with the Copyright Office to see if you are registered.  At least that will also show that you are willing to comply with takedown notices.

I would suggest the same thing as GG ... Having everything look as if it's in place is perfectly fine and will discourage people from stealing your content and indeed show that you are ready to act upon any copyright / content theft issues.