DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)
&
COPYRIGHT TAKEDOWN POLICY
IMPORTANT LEGAL NOTICE
YOU MUST BE AT LEAST 18 YEARS OLD AND THE AGE OF MAJORITY AND LEGAL
CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE IN TO AGREE TO
THESE TERMS.
DMCA
This page offers information to all models about using DMCA notices to have their content removed from third-party websites.
WHAT IS DMCA? (DIGITAL MILLENNIUM COPYRIGHT ACT)
The Digital Millennium Copyright Act (DMCA) is a US Federal Law that protects digital content owners and creators. The law was passed in 1998. The fundamental aspect of the DMCA is that you don’t need a patent, trademark, or copyright. If you created the content, you solely own the rights to it.
DMCA Gets Stolen Content Removed – DMCA is the most common law used to remove stolen content from the internet. The act of requesting content to be removed is called a "DMCA Takedown Notice" or "DMCA Takedown Request." Notices can be sent to infringing websites, web hosting companies, domain registrars, search engines, and other entities.
Where Do I Submit DMCA Notices – Notices can be sent by various parties. Independent models can submit requests themselves, but it’s not advised due to privacy concerns. Camming or clip sites, or a hired DMCA agency, can submit notices on your behalf to protect your privacy.
Who Can Submit DMCA Notices – Your camming or clip site may offer DMCA services on your behalf. Hiring a DMCA agency is another option, providing professional handling and privacy protection.
CONTENT OWNERSHIP
Orgasacam respects the intellectual property of others, and we ask our users to do the
same. Our policy is to respond to notices of alleged infringement that comply with the
Digital Millennium Copyright Act ("DMCA"). Orgasacam may disable and/or terminate
the accounts of users in accordance with this policy.
If you believe that your work has been copied in a manner that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated, you can
request that we take down the infringing material by filing a DMCA notice with
Orgasacam. If your material has been removed as a result of a DMCA notice, you may
file a Counter-Notice requesting that the material be restored. Please note that we do not
make any legal decisions about the validity of your claims.
Anyone making a false or fraudulent notice or Counter-Notice may be liable for damages
under the DMCA, including costs and attorney's fees. If you are unsure of whether
certain material infringes your copyright, contact an attorney.
Notices and Counter-Notices are legal notices distinct from regular site activities or
communications. As such, they are not subject to the Orgasacam Privacy Policy. This
means we may publish or share them with third parties at our discretion, and we may
produce them pursuant to a legal discovery request.
FILING A DMCA NOTICE
To file a DMCA notice with Orgasacam, you must send us a signed letter via regular mail,
or email. When we receive a clear and valid notice pursuant to the guidelines set forth
below, we will respond by either taking down the allegedly infringing material or blocking
access to it. We may contact the notice provider to request additional information. We
reserve the right to ignore a notice that is not in compliance with the DMCA.
Your notice must include:
- A physical or electronic signature of an authorized person on behalf of the copyright owner.
- Identification of the copyrighted work(s) infringed, or a representative list if there are multiple.
- Identification of the infringing material to be removed or disabled, with information sufficient
for us to locate it. - Your contact information (address, telephone number, email).
- A statement of good faith belief that the material is unauthorized.
- The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
SENDING DMCA NOTICES
You are entitled to send a DMCA notice to any website that is illegally posting your content to try to have it removed. There are a number of companies that can send a DMCA notice on your behalf and they usually charge a small fee for each DMCA notice or a flat monthly fee.
SENDING DMCA NOTICES YOURSELF
You may also send your own DMCA notices without the aid of anyone else. If you Google "sending a DMCA takedown notice" or "sample DMCA notice" you will find easy-to-use instructions and templates.
You may also send your own DMCA notices without the aid of anyone else. If you Google "sending a DMCA takedown notice" or "sample DMCA notice" you will find easy-to-use instructions and templates. Keep in mind that the DMCA notices you send are often made public record on sites such as https://www.chillingeffects.org/.
Therefore, to protect your privacy, we encourage you to not use your birth name, physical address, or your primary e-mail address, when sending a DMCA notice. You should instead use a legal alias and a new e-mail you create for this purpose.
SUBMITTING DMCA NOTICES YOURSELF
It is possible to submit DMCA takedown notices yourself. This is risky business, as contact information is required on the notices. Models have gotten doxed or blackmailed going this route! If you do decide this is a course of action you want to pursue, here’s some general information and tips.
IF YOU SUBMIT YOUR OWN REQUEST ADVISE
Models have had success in using their model name, a PO Box that wasn’t their own, and out of city, and a secondary phone number with an area code different from their area. This can greatly protect the model from the chance of being doxed in the process of getting pirated content removed. Some networks redact specific information during the DMCA process. If you’re filing the requests yourself, it’s worth asking what information can be redacted and what information is made public.
GOOGLE DOES NOT VERIFY DMCA COMPLAINTS
Google doesn’t verify the identity of those submitting the DMCA complaints. In fact,
there have been multiple reports of webmasters reporting other affiliates to Google,
pretending to be a representative from a big-box site. That shows you how much
verification they do. Therefore, submitting DMCA complaints to Google using fictitious
information is much easier than doing it other places.
But be careful! All Google takedowns are listed in the Lumen Database. That means that
the information you provide will be listed there, as well as the description of the content
being taken down. Another major reason why you never want to use your real name and
contact info!
FOLLOW INSTRUCTIONS AS BEST AS POSSIBLE
Different parties have different instructions for submitting DMCA notices. Make sure to
follow them as best as possible. Keep in mind, some information you might not be able
to provide. For example; web hosting companies generally request the contact
information for the infringing party. Even if you can’t provide everything, do the best you
can.
Some entities will redact some of the contact information of the party submitting the
takedown notification. If that’s the case, it’s worth asking what information gets
redacted. Make sure to get it in writing or email form, that way if they don’t redact the
information.
SUBMITTING DMCA NOTICES TO GOOGLE / OTHER SEARCH ENGINES
Search engines are one of the largest traffic sources out there. That means they’re also one of the top traffic sources for pirates and the majority are all based inside the United States. Therefore, they all have to honor Western intellectual property laws. This means they’re highly receptive to DMCA complaints.
PIRATE WEBSITES
Orgasacam does not own or operate any other websites that post models content. Therefore, you may assume that any content posted was not authorized by us and you may send a DMCA notice to have it taken down.
FILING A DMCA COUNTER-NOTICE
If your material has been removed or blocked by us as a result of a DMCA notice, you
may send us a Counter-Notice asking for the allegedly infringing material to be restored.
When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the
party who originally requested the removal of the allegedly infringing material and we
will reinstate the allegedly infringing material, unless that party obtains a court order
supporting its removal. We reserve the right to ignore a Counter-Notice that is not in
compliance with the DMCA.
Your Counter-Notice must include the following:
- A list and description of all material(s) that were removed by Orgasacam and the location at which the material(s) appeared before it/they was/were removed.
- Your name, address, telephone number, and email address (if available).
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or Rock County, Wisconsin if your address is outside of the United States).
- A statement that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
- The following statement: "I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Your Signature.