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Old 07-10-2017, 11:46 PM   #1
Rayandmigdalia
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Dailymotion - potential copyright lawsuit?

We shot/produced/own a low budget feature film called " BAD SPIRITS", which we shot in 2007. It has TWO copyright notices on it...at beginning and end...we are listed as the copyright holders on IMDB as well. Here's the point: We did not officially copyright the film, under the "work in progress" clause. BUT, our copyright intention is clearly marked on the film. We have no copyright "certificate".

Someone who calls himself "Film Guerillas" has posted our feature film on the Dailymotion site without our permission. I just found out about it even though it was posted on Dailymotion two years ago. Since I have had this film for sale on Amazon and VHX for eight years, I am not happy about the "free" daily motion listing because it potentially "steals" from my rental/sales on Amazon.

Here's the problem: I have asked Dailymotion to take the film off of their website, or to at least notify "Film Guerillas" that there is an ownership problem, but Dailymotion refuses to do ANYTHING without a volume of legal paperwork from me. Essentially, I have become the "bad guy" even though it is "Film Guerillas" who are pirating our film...and Dailymotion has turned their back on it for their own profit.

There is no way to notify "Film Guerillas" to take down my film, as there is no "comment" or "contact" form for them. Dailymotion will not contact "Film Guerillas", nor will they cooperate in any way unless I start the conversation with official "paperwork" of ownership...despite the fact that my "ownership" is clearly indicated on the film itself.

I have given Dailymotion our IMDB page (which lists us as copyright owners), our Amazon sales page, our company website, and the "Bad Spirits" website, PLUS (most importantly) the location of our "copyright notices" on our film...but they refuse to even look at it.

This all sounds like a big fraud on the part of Dailymotion. If they do not investigate copyright infringement, there is never a copyright violation...right? There must be a class action copyright suit here somewhere. The Dailymotion website must be FULL of copyrighted material that Dailymotion refuses to investigate...maybe even YOUR film.

Do any of you have comments, questions, legal opinions, suggestions, or similar experiences with Dailymotion. Yes, I could sue them, but I suspect that the lawyer is the only one who would make money... Our "BAD SPIRITS" is just a crappy little low budget film, but it's OURS, and it means a lot to us. I'm pissed, hurt, and deflated.

Last edited by Rayandmigdalia; 07-11-2017 at 12:04 AM.
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Old 07-11-2017, 07:23 AM   #2
mlesemann
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I'm sure you're right that they are violating your copyright, but I'm just not sure it's worth chasing them. I periodically see things around listing my first feature, Surviving Family, as available for free download and I just don't waste my time on it.

Yes they are wrong. Yes it makes me angry. But I don't see it as a good (meaning productive) way to spend my time, especially since people who are going to watch my movie(s) on pirated sites are not likely to either have Amazon Prime or want to spend the 99 cents (yes that's really the cost) needed to rent Surviving Family on Amazon.

It sucks, definitely.
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Old 07-11-2017, 07:35 PM   #3
buscando
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Makes sense, mlesemann.
Rayandmigdalia, if you really wanted to get it off Dailymotion, I guess you have to file the official copyright now? A quick search says it's over $100 & takes 6-8 months? yikes
https://www.copyright.gov/registration/
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Old 07-11-2017, 07:46 PM   #4
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File a DMCA with them

https://faq.dailymotion.com/hc/en-us...m-notification
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Old 07-12-2017, 08:43 AM   #5
Rayandmigdalia
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Dailymotion will do absolutely nothing without a notarized copy of an official copyright certificate.
By the way, Dailymotion is located in France. The folks who uploaded my film to Dailymotion are major film pirates who call themselves "Film Guerillas". According to Dailymotion statistics, Film Guerillas has uploaded 5,500 films to Dailymotion, and they own at least one other site called "Film Rabbits".
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Old 07-12-2017, 10:43 AM   #6
directorik
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Upon filing you own the copyright. It takes 6 to 8 months to receive
the paperwork but you get the number immediately.

That doesn't help Rayandmigdalia. Just offering some clarity.

This is why people suggest one files for the official copyright. You own
the copyright even if you don't register. The issue becomes legal proof.
In a lawsuit the chances are great that you would win but as you point
out, bringing a lawsuit will be very expensive. Unfortunately these film
pirates and Dailymotion knows very few filmmakers will file a lawsuit.

What they are doing is horrible. More and more people do not care
about copyright they just want to watch what they want when they
want and for free.

5,500 uploads. If just 25% of those are indie, ultra low budget films
that's close to 1,400 filmmakers who lose what little revenue they could
make. In general we think a little piracy of studio films (and music)
doesn't hurt because after all they make plenty of money. But then
that attitude bleeds over to a movie that looks kinda cool but you don't
want to pay a buck or two to see. And then WE are hurt.
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