How to Send a DMCA Takedown Notice for Leaked Adult Content

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Introduction

Your exclusive video that’s supposed to be behind a paywall is probably showing up on various adult content websites for free. But don’t worry, you can assert your rights with a DMCA takedown.

Hi, I’m Alex Turi, a paralegal at Minc Law, the nation’s leading law firm when it comes to digital privacy, content removal, and online reputation management.

As a paralegal, I play a hands-on role in supporting our attorney team. I’ve drafted DMCA notices, communicated with webmasters to request removal of various online content, and interacted with clients dealing with issues related to their leaked online content.

Understanding Your Rights as a Content Creator

As an online sex worker, you have the right to defend your content like any business owner dealing with the theft of their product. In this video, I’ll introduce you to a crucial tool to takedown stolen content: the DMCA Takedown notice.

What is the DMCA?

DMCA stands for Digital Millennium Copyright Act. It guards against unauthorized use of your creations. However, the DMCA is only applicable to the actual copyright holder. If you’re the artist behind the camera or the writer at the keyboard, the DMCA is your friend.

Who Owns the Copyright?

You don’t actually have to register your content in any official way to validly own the copyright to it. You automatically own the copyright for written, photographic, audio, and video content that you create yourself. Unfortunately, if you are not the creator, the DMCA can’t help you.

Example: Photographers and Copyright Ownership

Let’s say, for example, you hired a photographer to take photos of you. That photographer owns the copyright of the images unless a valid release is signed that deems you the official owner instead.

If you’re featured in content that you’re seeking removal of but didn’t create, you’ll need to take a different approach if you want it removed from the internet. Please see the description of this video for additional resources.

Dealing with Revenge Porn and Copyright

If you’re dealing with intimate or pornographic images that have been distributed without your consent, that’s referred to as revenge porn or image-based sexual abuse. Understand that if you took the photos or videos yourself, you still own the copyright, and the DMCA does apply here.

If you’re dealing with this issue, there are more resources below, and you can visit the Cyber Civil Rights Initiative website.

Preparing a DMCA Takedown Notice

When your content leaks, you’ve got to act fast and stay organized. Your notice must include a variety of different components to be deemed valid and complete.

Required Components of a DMCA Notice

Identify the Work

What is the creative work that is being infringed on? Identify the stolen goods and describe them, whether it’s a photo or video.

Location of the Infringing Content

Keep receipts of exact URLs where the content is posted. Include the direct link to the specific image or video. Someone should be able to click the link and open the content that you’re referring to.

Good Faith Statement

This is a short statement that you or anyone acting on your behalf, such as an attorney, asserts that you/they are acting in good faith, believing that the content is not authorized to be used, posted, or distributed.

Penalty of Perjury Statement

This statement simply provides that all information contained in the notice is accurate under penalty of perjury.

Contact Information

This is information about how you or your representative can be reached by the site if necessary. Typically, you would want to include your name, email address, mailing address, and phone number.

Name and Signature

This can be an electronic signature. However, it is best to include this to show that the notice was actually signed and is not an autofill.

Protecting Your Privacy

I know this information can be sensitive to release as an online sex worker, so it’s always a good idea to consult with an experienced attorney who has experience with these types of matters. Your attorney can submit DMCA notices on your behalf to protect your privacy and security.

Submitting the DMCA Notice

Once your DMCA is ready to go, it’s time to send it to the right destination.

Where to Send the Notice

This is usually the website admin or the legal contact listed on the site, often tucked away in the site’s footer under legal or terms and conditions. Some sites even have specific DMCA notice portals that make it easy for you to submit and/or email your notices. These portals may even connect you to a real DMCA contact point, and these individuals can be really receptive to solving your issue.

Sites that Ignore DMCA Requests

However, it is important to note that some sites, especially ones outside of the US, can simply ignore you or outright deny your request. You may need to bring in professional help if the issue is getting out of hand, or you are running into websites that do not advertise a clear point of contact.

After Submission: What to Expect

After you submit a DMCA, the recipient can respond with a counter notice or fair use notice. These notices essentially state that the recipient does not believe the materials on the site violate the DMCA, either because they are not copyrighted or because the recipient’s use of materials is protected under the fair use exception.

Potential Risks

Be aware that you can be sued for frivolous or bad faith takedown notices. While this is rare, it does happen. Do not send a takedown notice unless you are prepared to defend it in a court of law if needed. Also, a belligerent recipient can retaliate by posting even more content about you, resulting in what is commonly referred to as the Streisand effect.

Doxing Risks

Some recipients have even gone as far as doxing the copyright holder or publicly posting your DMCA notice with all your information on it. As a sex worker, it can be extremely sensitive and sometimes dangerous to include your legal name on any document associated with your work. Working with a lawyer to submit notices on your behalf can protect you from interacting directly with these bad actors.

Timeline for DMCA Removal

The DMCA takedown process does not have a distinct timeline. All websites are different, and response times can vary anywhere between 24 hours and six months, depending on the site and circumstances.

Factors Affecting Timeline

If the content is hosted on a site that allows posts from third-party users or the website is a host for content where people can register accounts, such as men.com or deviantart.com, the website will provide notice to the account holder and allow them time to respond. Once this happens, the account holder may opt to remove the content, dispute the request, or file a counter notice.

Another factor that affects the DMCA removal timeline is how busy the site is and how many requests they have to process. If it is a mainstream site, they may have numerous pending takedown notices which can slow down the process. Some sites are not eager to respond to DMCA notices and can delay or muddle the process.

When to Seek Professional Help

If the amount of leaked content is too much to keep up with on your own, or you’re overwhelmed at the thought of combating this issue by yourself, you may benefit from working with an experienced internet attorney or a monitoring service to protect your content for you.

How an Attorney Can Help

Experienced internet attorneys can not only submit DMCA notices on your behalf, they can also assist with various other concerns, such as finding and monitoring your leaked content or cleaning up search results.

Conclusion

If you’re dealing with a leak and need help taking control of your content, give us a call at Minc Law using the number on the screen. Fill out the contact form on our website or speak to one of our employees via a live chat. Our intake team can give you a free case evaluation and help you decide what your best next steps are to resolve your situation.

Don’t forget to hit like, subscribe, and share this video with anyone who might find it helpful.

I’m Alex Turi from Minc Law, and I’ll see you in the next video.

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