Stockton, CA asked in Copyright and Entertainment / Sports for California

Q: Can my clipsite store be completely terminated for DMCA even if I was never warned or able to defend myself

I had a clupstore open on an adult clipsite. I was able to upload MP3 audios and get paid when people purchased them . One day out of nowhere I received an email from the clipsite I did business with and it simply said that my store was permanently terminated and closed due to DMCA. I had never previously been warned or even spoken to the there was a potential issue before until this email. I was not even able to defend myself or anything. This was my main source of income. I didn't steal anything the scripts I used for my recordings I found on a public domain website that said they were copyright free. What can I do about this

1 Lawyer Answer
Lindsay Gunn Spiller
Lindsay Gunn Spiller pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Entertainment & Sports Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: Using film clips owned by someone else without their authorization violates the copyright. If the film clip was posted online, it might be taken down through the Digital Millennium Copyright Act (DMCA). The DMCA allows individuals to file a complaint with website administrators when they believe their copyrighted material has been used without their consent. Website owners must then take appropriate action to remove the film clip or face potential legal ramifications. It is important to remember that copyrighted material should not be used without permission, even if it is online, and may appear free. Also, it doesn't matter whether the infringer had an opportunity to defend himself. If the film clip owner has a valid copyright for their clip and was used without permission, it can be taken down through the DMCA. So It is always best to obtain proper authorization before posting or using film clips online to avoid potential legal issues. Getting appropriate approval from the film clip owner before posting it can save you a lot of trouble in the long run.

Can you appeal a DMCA takedown request?

If a film clip has been taken down from an online source due to a DMCA claim, it is possible to appeal the decision. If the website you took the pins from can show that it owned or controlled the clips and transferred a proper license to you, you may have a stronger case. The film clip owner should then contact the website administrator or hosting provider to submit an appeal. Depending on the circumstances and evidence provided, the website may decide to reinstate the film clip or determine that it still violates copyright laws and should remain taken down. However, it is essential to note that even if the film clip owner wins an appeal, they may still be liable for damages in civil court if the clip was used without permission. Therefore, obtaining proper authorization before posting film clips online is always advisable to avoid potential legal issues.

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