Earlier this year, in March, the U.S. Supreme Court issued a decision in the case of Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC. The ruling affects how copyright infringement is handled generally, including in porn and camming.
Copyright protects works of a creative nature, such as pornographic movies, clips and images, as well as erotic audio stories, written content and more. Typically, copyright vests in the person or persons who authored the work. In some cases, it will vest in a company or third party by virtue of creation by an employee, or there being a contract having particular relevant provisions.
A copyright gives its owner several exclusive rights, some of which include the right to reproduce the work, the right to create derivative works (i.e. modified works), the right to publicly display the work and the right to publicly perform the work.
Copyright infringement occurs when someone exercises one of the rights of a copyright holder without the copyright holder’s consent. For instance, it’s likely an infringement when a company creates a great new porn movie, and a third party uploads a copy of that movie to a tube site, or even to Facebook, without a license (i.e. permission). There, the third party has illegally made a copy of the work.
If you’re “in the biz,” you know that copyright infringement is abounding in the world of porn. You also probably know that the Digital Millennium Copyright Act (DMCA) can be used to facilitate a website service provider’s removal of content illegally uploaded by a third party. The DMCA, however, does not cover when the website provider, itself, uploads the content.