Cock Hero Videos and Copyright

[udo100]

Hi,

Whats about videocuts and Copyright?
What is allowed, and what is illegal?
can anyone tell me, or give me a link.
thanks

[psquared]

fair use

[udo100]

My question relates to the use of video clips from xhamster etc.
Is it lawful for a Cock Hero video from such sources to use?

[Required]

My question relates to the use of video clips from xhamster etc.
Is it lawful for a Cock Hero video from such sources to use?

You can use them. But I recommend you not to. I made Cock Hero Alpha, using a lot of videos from xvideos, xhamster, and similar webs. Obviously, video quality is not too good.

The result? Easy editing, and lots of material with little downloading time.

BUT, there are a lot of people in this forum who will tear you video apart, just for the poor video quality. It seems that 80% of this community only masturbates to Blu Ray quality.

[book_guy]

It seems that 80% of this community only masturbates to Blu Ray quality.

Heh ... I think 720p is what most people are going to find as their bare minimum requirement. People who want the 1080 or anything else higher are generally going to go along with 720, and take it or leave it, as long as they know that's what they're getting. But if you go below 720 I think EVERYONE is kind of surprised at the lowness of the quality, just because of what we've gotten used to. It's not so much what level of quality you NEED as what level of quality you think is APPROPRIATE TO EXPECT, is my guess.

By the way, Google explains to me that "720p = 1280 x 720 (16:9 aspect ratio) 1080p = 1920 x 1080 (widescreen display -16:9 aspect ratio)".

[tommyfilth]

fair use

I believe Fair Use only applies to parody, review, and educational purposes.

I guess if you view CH as "educational" in terms of training up your sexual endurance, it's technically okay, but good luck presenting that as your case in a court of law.

[Legitimate]

Making videos like these are legal.

The videos them selves are for fair use and are not being profited on. There will be nobody out there, presumably, that will be searching for your video with one clip in it. It's kind of like music on youtube.

Videos on youtube with music in them normally only get taken down if the content creator is monetizing off the video (which I hope your are not doing), or if the original owner of the content wants all the videos taken down so he can get the most income. These videos are not nearly as popular as those so it is very unlikely of this to happen.

Try getting vids from higher end sites like pornhub because they stream in 720p (higher in some cases). People like HD and SD is not going to cut it. I am in the middle of my first project right now and ALL of my vids are in 720p+.

Good luck.

[servufon]

Making videos like these are legal.

The videos them selves are for fair use and are not being profited on. There will be nobody out there, presumably, that will be searching for your video with one clip in it. It's kind of like music on youtube.

Videos on youtube with music in them normally only get taken down if the content creator is monetizing off the video (which I hope your are not doing), or if the original owner of the content wants all the videos taken down so he can get the most income. These videos are not nearly as popular as those so it is very unlikely of this to happen.

Try getting vids from higher end sites like pornhub because they stream in 720p (higher in some cases). People like HD and SD is not going to cut it. I am in the middle of my first project right now and ALL of my vids are in 720p+.

Good luck.

Although your statements are mostly true, to my knowledge, there is no clarity that Cock Hero-style videos constitute fair use nor that, in turn, it's necessarily legal. As you state, it is a very remote chance there would be any such litigation and by all means a case can be made as to fair use, but as any search on the matter plus the history of aggressive and successful copyright prosecutions can attest, there simply is no clarity as to the legality of reusing the video and music material without permission even with the result not profiting the person reusing the material (there is a grey zone even aside from fair use not being strictly about whether it's commercial in that the posting of the material on websites likely provides income to someone and the term "commercial" is not strictly defined by the statute, and has been open to interpretation).

[book_guy]

Although your statements are mostly true, to my knowledge, there is no clarity that Cock Hero-style videos constitute fair use nor that, in turn, it's necessarily legal. As you state, it is a very remote chance there would be any such litigation and by all means a case can be made as to fair use, but as any search on the matter plus the history of aggressive and successful copyright prosecutions can attest, there simply is no clarity as to the legality of reusing the video and music material without permission even with the result not profiting the person reusing the material (there is a grey zone even aside from fair use not being strictly about whether it's commercial in that the posting of the material on websites likely provides income to someone and the term "commercial" is not strictly defined by the statute, and has been open to interpretation).

I agree, it's not entirely clear about whether this is or isn't "fair use." Furthermore, the "fair use" doctrine often boils down to nothing more than "hey, let's litigate at great expense for months or years, until eventually a judge decides for one side or the other and then says it is or isn't 'fair use' on the basis of whichever side he eventually chose to win." People make a living off of finding copyright infringements, or alleging them where there weren't any and still collecting. The mere act of THREATENING to go to court is a winner for a lot of lawyers, especially those who hang off the porn industry's coat-tails.

Additionally, I agree on the for-profit question ... taking profit does not INHERENTLY incur copyright infringement, and avoiding the taking of profit does not inherently prevent infringement. All of them are generally much more complicated questions, and I wouldn't be getting my legal advice from pundits on the internet.

That having been said ... here's another important question:

Which jurisdiction are you asking about? Hmm? To me that's the first question. Where was the source initially found, filmed, created, where did it initially gain its copyright; where is the re-use performed, how was it downloaded; who is watching the original or the re-moshed cock-hero-style video; whose interests and rights are potentially infringed by any supposed usurpation; etc.?

[servufon]

from a legal standpoint you could argue its fair use, but you would need to be willing to go defend yourself in court.

Personally, I've had enough DMCA notices and emails in the last few months to convince me to stop making content and I actually requested the Milovana admins delete my account, but for some reason they haven't been on in a few weeks.

this is what i feared, that "apparent" Cock Hero-involved people (to deliberately use indirect language and not make attribution) are getting DMCA'd; sorry to hear that, awesomex