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When pursuing the infringing party directly, the proper legal vehicle is a Cease and Desist demand (“C&D demand.”) A C&D demand is designed to put the infringer on notice that they’ve been caught, and to demand that the infringing content be removed from circulation.Typically, a C&D demand reserves the right to sue for damages, or seek other remedies, even if the material is promptly taken down.The webcam performer is victimized because his or 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 stage name of the performer and the brand name of the network’s website are often included in the URL’s generated by the pirate sites, thus resulting in potential trademark infringement against both parties.Many webcam performers have experienced a new trend in online piracy – the illegal recording and publication of live webcam performances.

Only the proper party should attempt to take legal action against a pirate camshow site.

So what can be done about this new brand of piracy? The webcam network’s Model Agreement will typically state which party retains the copyright to the performances.

Most often those rights will remain with the performer, who will provide some sort of license to the network permitting publication.

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