In need of an attorney- DMCA violation

[Andrea Davis]

I am looking for legal help for someone that could send a DMCA notice to Erotic Monkey as they have stolen my content and they won’t remove it.

Thanks,
Andrea

[ck1942]

imo, you don't necessarily need an attorney to send a DMCA notice.

https://www.eroticmonkey.com/dmca

SAMPLE DMCA TAKE DOWN NOTICE
My name is INSERT NAME and I am the INSERT TITLE of INSERT COMPANY NAME. A website that your company hosts (according to WHOIS information) is infringing on at least one copyright owned by my company.
An article was copied onto your servers without permission. The original ARTICLE/PHOTO, to which we own the exclusive copyrights, can be found at:
PROVIDE WEBSITE URL
The unauthorized and infringing copy can be found at:
PROVIDE WEBSITE URL
This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.
Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.
I am providing this notice in good faith and with the reasonable belief that rights my company owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.
Should you wish to discuss this with me please contact me directly.
Thank you.
/s/YOUR NAME
Address
City, State Zip
Phone
E-mail

[Andrea Davis]

I have already tried that and it did not work. That’s why I am looking for an attorney.

Andrea

[sketchball82]

I’m an IP attorney, although I really work in patents. Nevertheless, IP is the general nature of my work, and my firm practices all IP.

I just checked out erotic monkey. It appears to be a review site. Reviews are generally exempt from DMCA and similar laws under the doctrine of fair use.

How exactly are they using your IP? Please link to the page for a better opinion.

Best,
Sketch

[sketchball82]

I thought about this last night and had another thought.

Can you even establish that whatever is on that site is “your” copyright? Copyrights go to the author that makes them. In this case, the photographer is the artist (author) and therefore the copyright holder. If you paid him, then the work may be yours under the work for hire doctrine, codified at 17 U.S. Code § 101. However the work for hire doctrine is not as black and white as it sounds, and even if he agreed to do the work for hire, the copyright is usually his unless (1) he was legally your employee (not a contractor) and the work was created in the scope of his employment, or (2) he agreed to give you the copyright in writing. But then, you would run into general contract issues such as the parol evidence rule and the statute of frauds.

My point is you may have to pursue equitable litigation to get declaratory relief from the photograoher to perfect your copyright claim. Unless you already have in writing that the pictures are yours. Or he’s your friend. Or he’ll give it to you now, lol.

You may be forced to proceed under torts doctrines: invasion of privacy, lible/defamation, and similar. We’re venturing out of my practice area here, but the analysis would still require far more specifics.

Again, a reference to the actual page you’re upset about is necessary.

Best,
Sketch

[sketchball82]

libel*

[Andrea Davis]

Here’s the thing about Erotic Monkey, that you can have a profile on their that a legitimate client never made. They steal pictures from other places you have advertised. I do own the copyright to my photos. I would honestly not give two shits that they had stolen my content if it wasn’t for the fact I no longer show my face or give out my phone number. Had they replaced those things, I could care less how you get traffic to your website as most people on EM aren’t looking to email a lady and go through Crazy screening like I require.

[sketchball82]

1. Saying “this is my copyright” is not very strong evidence you actually own it. For a copyright claim, any decent attorney is going to obfusticate ownership if you dont have readily available documentation. So make sure you have paperwork to back that up.

2. It’s common, but unwise, for for someone to ignore a demand letter in this situation. The owner probably doesn't have a very big staff, much less legal representation. He probably gets a few of those letters a month, and nothing happens. So, if you want the site to take you seriously, file suit.

[strawberry skye]

Good luck :-)

[Kimber Rose]

Sketchball, I am having the same issue. I’ve heard other ladies get there stolen profile down successfully. I tried contacting them via chat and email with no response. I have also contacted the 2 authors on other sites and they both had no idea that the review was on there.

[strawberry skye]

Sketch... your final legal assessment led you to state:
"If you want the site to take you seriouslt5, then file suit."


VERY BAD LEGAL ADVICE.
Research you failed to do wo make any petition filed in court frivolous, especially considering the answer is right up there next to your name when u log in. Legalise is always present in 3rd party platforms.

you are either the worst fucking attorney to ever pass the Bar, you're a liar, or you need a good intern to help you with that "ethical research" you must have forgotten about.
Malpractice claims and complaints with the Bar lead REAL attorneys to keep quiet regarding legal matters in open forum.

[tpepsi]

Except she's not trying to sue eccie Strawberry. So, unless eccie owns erotic monkey, her demand is warranted.

Maybe you should forgo giving legal advice and stick to your Bitcoin crypto currency advice.

[tpepsi]

Bitcoin nightmare

https://eccie.net/showthread.php?t=2287163

[Guest033019]

I sent you a message

Make sure you're not posting on any sites that will continue to steal your information even after you take it off..

You have to contact the actual webmaster not customer support..

After that contact Google and have it removed from there..

It's time consuming but it works I had to do it when I was outted..

If you need help send me a message..

[Guest083119]

^^^ best advice in this thread

Honorable mention to Sketch.