Just Me said:
MandyMetal said:
I've done a pretty good job of working around that, I think. I do have a website (
http://www.missmanymetal.com) and I stream my live cam there as well. So if you have recorded ANY of my live shows, they also appear on my website, and therefore are subject to DCMA.
Or...at least I tried. lol.
First, your link to your website does not work. Secondly, and this continues with UncleThursday's point, you do not own the copyright to your live shows if they are done on MFC. If you are are streaming your time on MFC to another website,
YOU are in copyright violation and breaking the terms of the contract you signed with MFC.
That may not be entirely accurate, about her being in copyright violation. MFC is one of the few sites that says models can be working there and other sites at the same time. So, technically, she could also stream to her own site at the same time.
However, the kicker is, how to prove the stream was taken from her site and not MFC/another site she is working for. And that will be difficult to prove, especially if her site stream has very few viewers while the same feed is also going to MFC/site working for.
MFC specifically owns the copyright on the stream that gets shown through it-- which means the actual stream going through their software and servers. A duplicate stream going somewhere else may not be subject to that copyright. But, legalities of that, plus contract law probably muddy the water a bit. However, if the capped vid shows anything at all that is specific to MFC, like the Away status, webcam disconnected status, private or group show status, then it is very clearly taken from the MFC stream, and not hers... unless she is literally just streaming the MFC stream to her website in some fashion. In which case, yes, she would be in violation of MFC's copyright by redirecting the stream.
This is probably where the issue would require some legal advice from someone specialized in contract law and someone specialized in copyright law.
But I would assume that any capped show would be taken from MFC over her own website. Not to sound mean, but I highly doubt her own website gets anywhere near the traffic of MFC and cappers would find it much easier to cap from MFC than trying to go looking for a model's personal website to cap live shows from.
The problem with copyright law is in how certain entities (read: big media) can get away with a lot more than other entities (read: not big media). Technically, copyright law states that it is the duty of the copyright holder to prove their copyright has been infringed upon, not the duty of the person being accused of infringement to prove their innocence. However, big media often gets the leeway in the assumption that their copyright is infringed upon, without them needing to show proof.
Since neither the models being capped nor the sites they work for are big media, they would receive no such leeway and would have to prove their ownership much more dutifully.