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Typically, a C&D demand reserves the right to sue for damages, or seek other remedies, even if the material is promptly taken down.Both DMCA notices and C&D demands are relatively inexpensive, and can often be effective.Offer a tease of the content for free, and encourage the user to download the entire performance from a file locker for a price.The webcam performer is victimized because her content is stolen, but the webcam network is also impacted because users can watch recorded “private” performances of their favorite cam stars without paying the typical fee for live viewing.

The intent behind a DMCA notice is to force the online service provider (such as a host or billing company) to stop providing services to the party committing the copyright violation.Only the proper party should attempt to take legal action against a pirate camshow site.The most common initial response to this type of copyright infringement is transmission of a notification of infringement under the Digital Millennium Copyright Act (i.e., a “DMCA notice.”) Importantly, a DMCA notice is only legally effective when sent to a third-party providing services to the infringer.Naturally, some pirate camshow sites will refuse to respond to legal notices, and call the copyright holder’s bluff.While this can be frustrating, claimants should make sure they have identified all possible service providers for purposes of DMCA notices, including hosts, domain privacy service providers, file lockers, billing companies, proxy service providers, content delivery networks, etc.

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A legal notice sent to the correct physical address frequently gets an infringer’s attention.

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