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Record Labels May Have Falsely Taken Credit for Artists' Works, Charter Tells Court
Ernesto Van der Sar, 27 Mar 10:09 PM

charter logoCharter Communications, one of the largest Internet providers in the US, stands accused of deliberately turning a blind eye to its pirating subscribers.

Several music companies including Capitol Records, Warner Bros. and Sony Music filed a lawsuit against the ISP, arguing that it failed to terminate or otherwise take meaningful action against the accounts of repeat infringers.

Over the past years, both parties have fought this case tooth and nail. Charter went on the offensive and filed a counterclaim accusing the labels of sending inaccurate, false, deceptive, or even fraudulent DMCA takedown notices. This effort failed, but the disputes are far from settled.

Work For Hire

In addition to criticizing the notices, the ISP also questions whether the record companies actually have 'work for hire' agreements with all artists, as is claimed in the Copyright Office registrations.

The ISP would like to get to the bottom of this issue, However, a recent order from the Court's Special Master doesn't allow the company to question record company witnesses on the matter. In an objection filed this week, Charter asks the Colorado Federal Court to change that.

"Charter has identified several dozen artists whose works the [record companies] have registered with the U.S. Copyright Office as WFH [work for hire] but for which the agreements produced contain no such provision. For other artists, Charter has been unable to identify any artist agreements," Charter explains.

False Copyright Registrations?

The ISP wants to depose the record label witnesses to obtain evidence proving that the music companies knowingly provided false information to the U.S. Copyright Office. If that's the case, these copyright registrations are not valid.

"If the [record companies] lack such agreements but nevertheless knowingly filed applications with the U.S. Copyright Office that these works were 'made for hire,' Charter can seek to invalidate the registration," the ISP notes.

This is a crucial matter as the labels request sizable damages for many of these 'works'. And with millions of dollars in potential damages at stake, Charter wants to make sure that these registrations are correct.

Skeletons in the Closet?

There is another issue that may be just as important. When a sound recording is registered as work "made for hire" the music company essentially becomes the owner, which can lead to all sorts of conflicts with the artists who created the works.

Last year, Hollywood Reporter already hinted that this case could help "resolving the big issue over whether record labels have skeletons in the closet." Charter quotes this statement in its filing.

Best Interest of Artists

The ISP expects that, in this case, the music companies will state that they act in the best interest of artists. However, the additional testimonies could shed a different light on this claim.

"Here, Plaintiffs will argue, as they did in Sony Music Entertainment, Inc. v. Cox Communications […] that they act in the best interests of their artists," Charter writes.

"Charter should thus be entitled to present limited testimony related to rebutting that argument, including showing that Plaintiffs falsely take credit for individual artist's works by incorrectly registering the works as made for hire."

The ISP filed its objections (pdf) to the Special Master's order earlier this week. At the time of writing, the court has yet to rule on the matter.

From: TF, for the latest news on copyright battles, piracy and more.

Reddit Users Targeted For Pirating OnlyFans and Other Subscription Model Images
Andy Maxwell, 27 Mar 12:12 PM

redditThe growth of the Internet has enabled millions of content creators to more directly address their fans. Platforms such as YouTube, for example, create a more personal fan experience but content of a more risqué nature is better placed elsewhere.

Founded in 2012, OnlyFans is a subscription content platform based in the UK. Content creators using the service can earn money from subscribing fans, who pay for content on an ongoing basis and may also contribute valuable additional tips. Importantly (and unlike YouTube), OnlyFans doesn't shy away from adult-orientated content such as more explicit photographs and videos.

Of course, any content that can be uploaded to OnlyFans can be re-uploaded elsewhere without the creator's permission. It's the same type of piracy experienced by almost every player in the multimedia space but due to the small filesizes in content such as pictures, pirated content is very easily spread. The question is what to do about that, if anything.

Uploading to Social Media

Since many people sharing OnlyFans content do so fairly casually, social media platforms such as Reddit are an easy option. The site accepts image uploads and there are large quantities of sub-Reddits dedicated to specific content creators, who are also trying to sell their work on OnlyFans.

While this exposure may help sales in some instances, when dozens of photographs are uploaded for free, there's less of an incentive for people to subscribe. Also, since legal action against unlicensed uploaders is not commonplace, there's little incentive for people to stop pirating either. This week, however, TF spotted a couple of actions filed in a US court that may give some pirates pause for thought.

DMCA Subpoena Filed in California Against Reddit

On March 9, 2020, lawyer Jason Fischer sent a DMCA takedown notice to Reddit, informing the platform that his client, adult performer Natasha Noel (NSFW), is the copyright owner of various photographs and video content published through her OnlyFans account and other social media platforms.

According to the notice, dozens of these items were uploaded to Reddit illegally and as a result, Reddit should take the content down. While that is nothing out of the ordinary, it appears that Noel and her lawyer want to take things further.

On March 23, 2020, Fischer filed a DMCA subpoena application on Noel's behalf in a California district court, listing the same set of URLs detailed in the Reddit DMCA takedown notice. This time around, however, the lawyer was seeking more than just content removal.

"This law firm has the privilege of representing Natasha Noel, owner of the copyrights in and to certain materials that been infringed through use of the online services provided by Reddit, INC," the document reads.

"Pursuant to the DMCA, we respectfully request that you execute the enclosed subpoena directing Reddit's records custodian to disclose users' identities."

The information requested is described as "any and all information" in Reddit's possession pertaining to the identity of the "individuals who posted the images and content previously appearing [at the URLs in the DMCA takedown notice]."

For the sake of clarity, Fischer then lists everything he expects Reddit to hand over, including usernames, account names, users' actual names, addresses, phone numbers, email addresses, IP addresses (including dates and times of access), and all billing information.

What Fischer and Noel intend to do with this information isn't clear but having gone this far, it seems likely that some kind of legal action or pressure will follow. Identifying a leaker will be useful in its own right but deterring further leaks among Noel's community of fans might prove more valuable.

Second DMCA Subpoena Filed Against Reddit

On the same day, Fischer filed another DMCA subpoena application, again against Reddit, this time on behalf of model and MMA fighter Valerie Loureda. Unlike Noel, Loureda does not sell her content on OnlyFans but goes direct to her audience via her new website loveloureda.com.

Ordinarily, fans would need to pay $9.99 to see Loureda's glamour shots but visitors to Reddit's /r/Valoureda have been getting that content for free – until the sub-Reddit was banned for generating "excessive copyright removals."

Valoureda Reddit

Precisely when the sub-Reddit was banned isn't clear but Fischer sent DMCA notices containing dozens of infringing URLs on March 20 and March 22. In common with the DMCA subpoena filed on behalf of Noel, he is now seeking to identify in detail the Reddit users who uploaded the content, including their email and IP addresses.

Again, it's unclear what Fischer and his client intend to do with the information but having put in some effort, it's unlikely to end particularly well for any uploaders who Reddit is available to identify.

TorrentFreak contacted Jason Fischer for additional information, including whether he's representing other independent content creators and details of his plan for the uploaders, but at the time of writing we were yet to receive a response.

The DMCA subpoena applications and supporting documents can be found here (1,2,3)

From: TF, for the latest news on copyright battles, piracy and more.

 
 
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