Can a webcam model sue for finding unauthorized nude recordings of herself on a porn site via Google? Can they be taken down?

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I am a webcam model and I signed up with a site in which I do live shows. Some of them contain nude content in which I am getting paid. I recently did a Google search and found my shows on a few other porn sites, without my permission and outside of the site the I signed up for. I am assuming a viewer, Illegally recorded several of my shows and uploaded them onto the internet for a profit without my consent or knowledge. I believe that the sight I work for warns members that recording and distribution is not allowed. This is intended to be a temporary job and I don't want remnants of my work to be accessible to just anyone who does a Google search at any time. I mean this is nude content and some of it is sexual in nature. I want the videos taken down immediately and I want it to stop.

Attorney Answers

7
Keith Petrochko ·
A few issues come to mind. First, I'm unsure of who actually ownes the content- you or the company you work for? Second, who do you wish to sue? We don't know who uploaded the content, nor the stance of the sites currently hoasting the video(s). Have you tried contacting the other websites and requesting the removal of your videos or seeking help from your employer?
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Christopher Dillingham ·
I utterly agree with Mr. Petrochko. We would need a lot more information. I also add that anything you put on the Internet usually goes elsewhere, and your statement that this is sexual content would probably fall on deaf ears because you deliberately engaged in the activity. It would be far different if someone secretly recorded you in private.
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Susan Collingwood ·
I also agree with the first attorney--we need more information. That said, there may be a way to get the videos removed from the internet. The copyright owner (that might be you or the company that hired you to do the original dancing, but that depends entirely on the nature of your business arrangement) can send a DMCA (Digital Millenial Copyright Act) notice to the sites that are posting the copyrighted material and demand that the materials be taken down. The site owner is required by law to take the copyrighted material down under risk of some very stringent penalties. If the site owner does take the materials down promptly in accordance with DMCA, then there are no money damages the copyright owner can get against the site owner, but at least the video will not be displayed on that site any more. DMCA complaint forms can be found on the internet and can be used by the person or company that owns the copyright to the material. Good luck!
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Floyd Ivey ·
The Asker is apparently not the owner of the copyright. The owner of the copyright has the rights to pursue if infringement occurs. However the Asker indicates that such use if beyond her contract. The asker should evaluate breach of contract. See an Intellectual Property attorney.
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Michael J. ThomasIntellectual Property Law AttorneySan Francisco, CA ·
I detect two issues: one, what you consider to be unauthorized postings of videos, and two, long term accessibility of the videos. The answers to both depend on the terms of use of the site you are "signed up" with-was it merely a click-through agreement or did you have to sign and return something more substantial? You may have signed away any rights in which case you will not be able to police the near-term or long-term accessibility issues. If you have retained some rights under the agreement, then you may be able to initiate a takedown process with the ISP of the unauthorized uses. Refer back to the terms of your agreement with the site, and if it is hard to understand, then consult an attorney
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John Whitaker ·
There should be a way for you to have those unauthorized copies of your videos taken down. There are at least three theories that come to mind: (1) Copyright infringement assuming you have those rights. (2) Right of publicity in the unauthorized use of your likeness. And (3) breach of contract on behalf of the individual(s) who uploaded your video to the site. You should discuss this matter with an attorney soon as the longer you wait, the more likely you are to lose the ability to have them taken down both for legal as well as practical reasons.
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Lawrence Walters ·
Some webcam networks archive performances, and make them available to users for later viewing. In such case, the archived recordings are occasionally pirated by third party users. If your cam network is archiving, that may be the source of the content, as opposed to the user recording. If no archiving is allowed, and the user made an unauthorized recording/publication of the content, that would likely violate the copyright holder's copyright. If the content is self-produced (as it probably was), and there is no transfer of copyright under your contract, you may retain the rights to enforce DMCA copyright takedown requests. Make sure you own the copyrights before using the DMCA takedown procedure. If you retained the necessary rights, you can send a notice to the site that allowed the infringing content to be published (or the site's host) demanding that the content be removed. This is usually effective; particularly for US-based sites or hosts. Specifics about DMCA takedown notices can be found here; http://brainz.org/dmca-takedown-101/ If you do not retain the copyrights, you can ask your cam network to submit the DMCA notice, on its own behalf.
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