He’s selling my sex tape! HELP!!! Can I take legal action?

REAL QUESTION: I am a web cam girl. I do only solo performances but my ex boyfriend and I decided to make sex tapes a sell to high paying customers. This was a one time thing only, years ago.  I found out later that the videos were being sold publicly without our consent. I found 3 different video stores online of our videos being sold and the person selling claims to be a producer.   Is there anything I can do about a stranger selling and profiting sex videos of me without my knowledge or consent?

 

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ATTORNEY RESPONSE: Yes, you can take legal action.  Unfortunately, once digital content is on the web, it is effectively impossible to remove it entirely.   First, who owns the rights to the video? If it was filmed by you and your boyfriend only, then you both own the copyrights. If you paid someone to film the video, then it depends on the terms of the agreement you had with the person filming.  See a copyright attorney or otherwise establish with confidence that you own the copyrights. Once you can do that, then you can file a DCMA Take Down Notice with the three online video sellers and possibly file suit against anyone trying to sell the video (possibly the “producer”?).   Even though you never registered with the copyright office you have the right to pursue damages for infringement.  Hiring an attorney is the first step for you to resolve this matter.

 

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PLEASE, IF THIS ANSWER WAS HELPFUL, LET OTHERS KNOW IT. THANK YOU! LEGAL DISCLAIMER: No attorney-client relationship is established on the basis of any information provided by Tiffany Simmons (Simmons Law). To establish such a relationship, a written fee agreement must first be executed by the attorney and the reader. The responses given by Tiffany Simmons are in no way intended to be actual legal advice, and they should not be interpreted as such. WE ARE NOT ALLOWED TO “COACH” ANYONE either here online or by telephone should a reader happen to call us. Instead, our responses are given as general information to be considered, reviewed and confirmed by an attorney more familiar with the reader’s particular circumstances. All information posted herein is specific to the laws of Georgia and should not be considered as information for the public at large. If you find yourself involved in a legal matter, seek assistance from an attorney in your local area. No reader should rely on any statement made here without first verifying it, in person, with an attorney. Any person who relies on any information contained in these responses does so at their own risk. Go see an attorney!

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