About a million years ago, I was working as a cocktail waitress at the original Starck Club in Dallas, TX. The night was New Year's Eve. The club was the bastion of fashion and cool in that city at that time. Lines of eager club goers lined the building every night in the hope that scrutinizing doormen would allow them entry.
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"Instead of paying some lay person $1000.00 a month to send out threatening emails, save your money for an actual, licensed litigator." |
This was a particularly massive New Year's Eve celebration. The club was packed to the rafters with partying poseurs. I was schlepping champagne and not much in the mood to have my picture taken. When fashion photographers from a local magazine asked if they could shoot me for a spread they were doing on local vogue, I begrudgingly agreed. I was busy as hell and these jerks had been in my way all night. I figured if I gave em a smile for the camera, it would bring them closer to getting the fuck out of my way.
Sure enough, minutes after they snapped a pic of me, they were gone. When the issue came out, my grinning countenance blessed the pages of the fashion spread and I was pleased with the photograph.
What didn't please me so much was what I saw a few months later: The magazine had printed a subscription circular. My picture was used in that circular. I had agreed to be photographed for a fashion spread. I did not agree to let that publication use my image to sell their magazine.
Did I have a case? I have no idea. I am not a lawyer.
Not that I have anything against lawyers. I've got several lawyers in my family and my Uncle is a Professor of Law at a major US University. I've had a few instances in my life where I could probably have taken offenders against me to court. Most recently, an ex-partner stole my text writings. I'm sure that I have every legal right to sue that ex-partner for the theft of my intellectual property, but I am not the litigious type. The text thief has since been driven out of this industry and the laws of KARMA have balanced it out as far as I am concerned.
Then again, I am not a content provider. I'm not a porn star. I'm not (as of yet) at a point where the cost of legal fees balances out the protection of my intellectual property. That day will eventually arrive and when it does, I would like to know how I could prevent thieves from stealing my stuff.
Enter APIC.
APIC is The Association for the Protection of Intellectual Property. Paid membership with them promises that they will search the web for your content and will notify unauthorized users to cease and desist the unlicensed use of that content. APIC will not actually take the content thief to court, but does offer discounted legal fees to paying members.
Recently APIC caught a larger website using unlicensed content. They warned the offenders numerous times and when the offender ignored them long enough, they were ordered by APIC to shut the site down. The site complied and is now back online.
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In case you don't know this, all images you use on your adult website must be yours by either paid-for licensing or made by the creation of your own hands. Only the stupidest fool on Earth uses content they have not paid for or have not been given license to by its maker.
There is NO SUCH THING as public domain content. I would venture to guess even the ancient Pompeiian frescoes recently found (in an archeological dig) are protected by the Italian government.
While I like the idea of APIC, I find them to be a pedestrian effort. The site is full of unclear language and is obviously aimed at the Internet novice. When a site tells me they have four levels of membership classification, then lists seven levels, I have to take their intentions with a grain of salt.
My advice to the content provider is this: Get a REAL lawyer. You (the content provider) are clever. You know when thieves are stealing your stuff. Instead of paying some lay person $1000.00 a month to send out threatening emails, save your money for an actual, licensed litigator.
I recommend you contact our Cozy Lawyer in residence A. Camparetto (http://www.adultsitelaw.com). He is a practicing Attorney that specializes in Internet law as it applies to Adult Websites and their Intellectual Property.
In the past, I passed up the chance to sue persons that stole from me. In the past, I did not respect the value of my own work.
The past is gone. Now, I have not just my work to protect, I have my reputation to protect as well. I am a not just a writer, I am a spokesman.
Believe me. From now on, when others use my good name to make a profit, I will be watching them and so will my lawyer.