I've been looking into it a bit, and it seems there's nothing to find on the subject other than more questions. Do porn producers actually go about all the legal procedures (and fees) to copyright each video they make available? Every video has to have a "title" according to the 2257's that I own (don't ask). Does every title have to be copyrighted? Or, in some cases, can you copyright yourself or a model (lol)?

I've read a few recent cases where groups have combined filing violation claims in the thousands, only to have every single one thrown out in court. Clearly there must be a reason why a court would find that out of thousands of claims there wouldn't be a single actual violation.

How many videos and images do you suppose are out there with a shiny logo claiming copyright so and so, that aren't copyrighted at all? Just some food for thought.

This post is copyright Hunter27

Here is a simple answer ( from USA copyright law):

Copyright is Automatic � but still needs to be asserted.

Copyright protection is automatic. The act of creating the work also creates the Copyright. There is no requirement to Register for Copyright, although in the US and most other countries it is important to show (assert) that copyright is claimed in a particular work. This is easily enough done by clearly marking any original work with the symbol � followed by the date from which copyright is claimed and the owner of the copyright.

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What this means is that regardless what you create, the moment you have created it it is protected by copyright and yes that includes porn. Now, this form of copyright is kind of "whimsical" because it only rests with you and in your own home/business. However as soon as you publish it in any way or form, the copyright protection automatically kicks in. Therefore, if anyobody copies it for any commercial purpose ( there are some exceptions for documentaary and non comercial copying) they are breaking a law and can be criminally charged. Before a copyright owner can file charges though he/she must register the copyright, because without the registration there is no case: See following excerpt:

The US Situation � Infringement Proceedings

The US also has special requirements concerning the infringement of any Copyright and it is advisable to Contact an IP expert about these. The most important thing to be aware of is that before an infringement suit may be filed in court it is necessary to Register the works of US origin with the Library of Congress www.copyright.gov

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To summarize: You have created it you are protected automatically, but if you want to sue somebody you must register the work. It does NOT matter if it is much later, the registration is just a formality acknowledging the copyright NOT creating it. It is of course essential to denote your work with a copyright symbol and the year when the work was created to claim it and so that the violator cannot claim ignorance.

 

[quote]........I've read a few recent cases where groups have combined filing violation claims in the thousands, only to have every single one thrown out in court.........[/quote]

 

This is a whole different "ball of wax". The porn producers going broke from piracy have banded together and found a trick of sorts to protect themselvs. They found a bunch of "ambulance chaser lawyers" who got a few judges to force IPs to reveal names and addresses of all who downloaded "free porn" ( from places like -not allowed-, Rapid share and other like sites), and under DCMA charged them with a copyright infringement. The plan here is AND THIS IS IMPORTANT: not to win the final case, but to send 25,000 individuals nasty letters informing them that they are being charged and that their names will be published and  thus everybody will know that this " nice teacher,rabbi,... (insert your own profession and name here:) ) downloaded "Anal dildo pissing school girls part 2" ( insert your own twisted porn video title here) but that if they settle for lets say $4,000 they will not be charged, they will not have to hire lawyer for at least $4,000, their names will be removed and even the wife will NOT find out about your secert lust about "pissing school girls".

There are different reports about how many people settled ( the rumor has it that about 8,000) and I will bet that next time that those individuals will purchase legit porn or join a church instead:) So, getting $ 32,000,000 in settlements will pay for a lot more porn to be produced and 4,000 less customers for the file sharing sites.