SexFlexible's Stance on Copyright/DMCA
SexFlexible takes copyright issues seriously–both legitimate and illegitimate claims. DMCA law requires removal/access-denial of content within a specific timeframe. It also requires any DMCA notification be backed by actual copyright registration with the United States Copyright Office (USCO). (See: 17 U.S.C. § 411.) This is true even though a copyrighted work is automatically entitled to copyright protection upon creation. (See: 17 U.S.C. § 102a.)
The law clearly states registration must have taken place prior to publication of material on a site like SexFlexible or that registration must have taken place no longer than three months after publication. In most cases, SexFlexible can and will file a counter-claim of DMCA notices. We do this for various reasons, including but not limited to: 1) SexFlexible has been subjected to malicious filing of DMCA notices in an attempt to disrupt service of site; 2) DMCA notices affect SexFlexible's standing, reputation, and the relationship we have with our OSP; 3) We are well within our rights in doing so.
Upon receipt of a valid DMCA notice, SexFlexible will remove the content or restrict access to it. If we choose to file a counter-claim, the claimant will have 14 days to file a case with the court in our jurisdiction (per the law). If no case is filed, the content or access to the content will be reinstated. Precedent in the jurisdiction where SexFlexible operates has made it clear that a copyright case cannot be filed here unless the content in question is already registered with the USCO and the claimant must provide proof of such registration.
If material you produced/own has been published on SexFlexible without your permission/knowledge, simply contact us and request that we remove it. We ask that you provide us some means to verify you are the owner of the material, since anyone can claim to be the owner, and many people will do so for malicious reasons. In most cases (especially if it doesn't fall under fair-use or if the content has not already been widely distributed), we will comply out of courtesy.
If you choose to file a DMCA notice, you are well within your rights to do so. After reviewing all the details of the particular notice, SexFlexible will then decide if we will file a counter-claim. If you know before filing your DMCA notice that the materials in question were never registered with the USCO, you should be aware that DMCA is inapplicable in your case. If it is believed you are filing fraudulent, malicious claims, SexFlexible will hold you legally and financially responsible, as is our right to do so. If you are being advised by someone claiming to be an attorney who states that they can force us to take your material down and/or get us shut down, that individual is uninformed about DMCA law and is likely not actually an attorney.
For any copyright questions/concerns or to directly file a DMCA notice with SexFlexible, please do so here: Contact SexFlexible or by emailing legal[@]sexflexible.com.