DMCA takedowns

What the DMCA is

The Digital Millennium Copyright Act is a United States law. The part that matters to creators is the notice-and-takedown process: if your copyrighted work appears on a site you did not authorise, you can send the site a notice and, if it wants to keep its legal protections, it must remove the content promptly.

You own the copyright in photos and videos you create as soon as you make them. You do not need to register anything to send a notice, though registration can matter if you ever sue. Other countries have their own laws and their own processes; many sites around the world honour DMCA-style notices anyway because it is the standard they are built around. Rules vary by country and change, so for anything beyond routine notices, ask a lawyer.

When it works and when it does not

Takedowns work well against mainstream tube sites, forums, image hosts, search engines and social platforms. They are a routine part of running an adult business, and large sites process them in days.

They work poorly against sites hosted in places that ignore them, pirate aggregators that reappear under new domains, and leaks spread by private message. For those, the better tools are getting the content de-listed from search engines (which also accept copyright notices) and reducing the damage with watermarks.

What goes in a notice

Most sites have a form or a designated email. A valid notice usually includes:

• Identification of the work (a description, or a link to the original on your page).
• The exact URL of each infringing copy.
• Your contact details.
• A statement that you have a good-faith belief the use is not authorised.
• A statement, under penalty of perjury, that you are the owner or authorised to act for the owner.
• Your signature, which can be typed.

Be accurate. Sending notices for content you do not own is itself a problem.

Protecting your identity while sending them

This is the part creators worry about. The site, and sometimes the person who posted your content, may see the notice. Options:

• Use your stage name as your business name, with a business email and a mailbox address, if your jurisdiction allows that for a valid notice.
• Register a company and send notices in its name.
• Use a takedown service that sends notices on your behalf. They charge, but they also monitor for reposts, which is the part most creators never keep up with.

Keep copies of every notice and every response. If a site refuses or the poster files a counter-notice, do not argue by email. That is the point to get professional advice.