I'm a webcam model and cammed with another couple. They had the content, but not our permission or consent to use it. They posted it on multiple platforms for sale. We had a verbal agreement and had not signed a contract to allow the release, use or sale of said content. What action can I take, they also live in a different state, but come here 2-3 times a year.
This other couple is violating your copyright. You may want to consider hiring a lawyer to send a Cease and Desist letter. While a cease and desist letter has little legal impact, it is a relatively inexpensive way to put the person on notice that you are not going to let these actions continue and that you are serious about pursuing your legal remedies. It also tells the person that they could get in legal hot water which will cost them a lot of legal fees if nothing else. This will often convince them to stop their evil ways.
To keep this from happening in the future, you should consider having a lawyer draw up a contract for future use. If you are using a web site, I have written a legal guide on this site with issues you will need to discuss with an Internet attorney. I have placed a link here for your convenience: http://www.avvo.com/legal-guides/ugc/legal-steps-to-opening-a-new-e-commerce-website-app-or-blog
When it comes to Adult web sites there are even more considerations such as payment processes and 2257 records.
All in all, you should discuss your business model with an attorney as you may be creating serious liability for yourself in your current method of operation.
This post is provided for general informational purposes only and is not intended to be legal advice specific to you. This general information is not a substitute for the advice of an attorney in your jurisdiction. The attorney client relationship is not established by this post.
If you produced the content, you own the copyright. If you have not given the other couple a license to sell the content, they are violating your copyrights. In addition to sending a cease and desist letter, as recommended by my colleague, you can send DMCA notices to any platforms that are publishing the content, demanding that the material be taken down. Consider consulting with an Internet attorney on the many legal issues raised by your business model.
Disclaimer: The foregoing does not constitute legal advice or form an attorney/client relationship. Answers to legal questions on AVVO are for general information purposes only, and should not be relied upon as legal advice. Please contact an attorney for formal legal advice on any specific matter.
I agree with my colleagues. If jointly created content, then jointly owned copyright and any of you has the right to sell the content, BUT must account for profits to all joint creators. So you can't stop them (maybe on rights of privacy or rights of publicity) but they do have to pay you fair share of profits. May need to retain an attorney to make sure you get your fair share.
Peace be with you, and may love guide you.
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