Legality of PMV's

Hello,

i have been doing a few PMV’s of tiktok stars and or onlyfans models. Some of the clips are from leaked onlyfans and some of them just basic tiktoks with a porn split screen.

i was wondering if you guys have heard of any people getting sued/tickets from posting their pmv’s on any porn sites :slight_smile: ?

PMV’s have been a thing for about a decade now and all the PMV creators I’ve known have never had any issues.

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if you’re not selling those PMVs I hardly believe there are any legal consequences. And even then, you could argue Fair Use.

I’ve brought this up before regarding TikTok PMVs where innocent people some of these might be minors are put into actual porn footage to the point you can’t distinguish it’s fake, but the post is likely removed by now.

I strongly believe everyone involved with it is eventually going to jail for this whenever exposed. I strongly suggest @hugecat to keep this away from ES for everyone’s safety.

Edit: referring to these fake tiktok pmv’s only that are somehow very appreciated here. Others are fine

I do not like the tone of doublevr, not only in this post but in general. It is one thing to get a lawyer to deal with those things sure, but a whole complete other to threaten people with jail.
At this point i’m not even sure if i feel comfortable around here with the constant pressure of being watched by accounts that are officialy tied to a company.

Isn’t eroscripts supposed to be a community driven plattform? I don’t see any reason to keep commercial companies around. But thats just my take on that situation.

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First of all, this differs a lot per country. The US being one of the worst here, where the EU countries are one of the best.

In nearly all piracy cases, it ends up with a financial consequence and rarely jail. Intentions matter a lot here.

In the pure case of piracy, you want to spread out paid content for free, this generaly is illegal. But in the artistic case, you use content of others to make something new. And here fair use is a common thing. Still, there can be a financial consequence as a result of it. But do also note, that even if you used exclusively content from 1 studio to make such PMV, that studio will still not become the owner of that PMV. It can however be made part of the deal to handle the financial part (and with good PMVs it isnt too unlikely to actualy even happen).

Only when you ask money for your PMV, you reach a domain in which you can end up in jail. And even then it mostly happens based on your behaviour.

Jail is rarely a solution in a civil case. Governments dont want to put someone in jail because some sort of company found 1 person costing that company a $5000 loss. A week of jail is already more expensive than that.

And dont forget that the US companies inflate the losses massively. In the EU they are far more realistic at estimating these things (if the company does use such inflated value, they actualy will lose the case by giving false information). This means that not every upload you caused with your PMV would have caused a person to pay for the content, and for PMV’s, its generaly the artwork of the PMV itself that matters a lot as they generaly ignore the pacing and artistic aspects of the original video. Its very likely that even if a pmv was downloaded 1000 times, that it wouldnt even have caused 1 sale on the original platform.

The last thing is also, the heavier a company acts against these things, the more they disrupt their own market. The company logos in those PMVs are a marketing aspect. Who says you costed the company money?

The only real exception is when someone is realy trying to maximize the money gain out of piracy. But in that case you enter the real criminal domain. And PMVs arent even remotely close to this. PMVs are still considered a work of art, and making art is not a form of crime even if that artwork technicaly could not exist without piracy.

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Maybe their analysts have suggested that less PMVs on the internet will lead to higher membership counts?

Anyway I agree with your sentiment about having marketing people on this forum.

There is literally no good reason to take you seriously on this. None that you’ve provided, at least.

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You’ve said some stupid things on this forum that I’ve ignored, but this may just be the stupidest.

You do not deserve to be taken seriously.

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If I’m watching this think who else might be watching.

And I’m 100% on the user side of things. If we get things right everyone is going to be happy. If not all kinds of problems might be coming. Especially once there will be fingers saying ero scrpts forum are just perverts hurting other human beings and not cool people having fun.

Don’t you realize you do actual harm people in these fake videos?

Lol

That’s just ridiculous. Good luck with that

Don’t you understand you hurt an actual person faked in a video?

Can you people get some sanity? Those lame excuses are so ridiculous.

Anything non consensual is just a big No. There’s nothing to debate here.

Check https://www.reddit.com/r/deepfakes/
It got shot for a reason. Get some sense before it’s too late.

You basically gamble nothing is going to happen to you because there are these other people that get away with it. What is lol

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And then there are lots of other deepfake streaming sites available and content creators on fan topia and such taking money for deepfakes. Hasn’t been stopped those past 5 years so far yet.

Let’s wait until someone gets in prison if you don’t understand it’s not okay to hurt innocent people.

Hope to see you and your loved ones one day in these pmv’s :face_vomiting:
NOT

I am a little confused here. I thought this thread is about music videos using copyrighted material and the legality of that similar to when rap artists used to sample other songs. Nobody went to jail for that but there were financial repercussions.

I didn’t think this was about deep fake videos, which I could be looked upon similar to revenge porn. Those did have some legal consequences for people.

What am I missing?

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Is fair use/ transformative work even a thing outside of the US?
Don’t think that is even considered in EU law.

Not sure why you acting like that and hoping for others loved ones being in those videos. I just said that those sites exist and are there and won’t be stopped. But that’s not what this topic is about. It’s about PMV’s.

@ronmexico You’re not missing anything @doublevr is conflating multiple topics under the guise of PMV’s. Even though deepfakes are clearly distinguishable

Im not going to make any comment here other than.

Kids. Never forget how to pirate. It’s the only way we can really fight corporate greed.

PMVs are a really great artistic and community piece that everyone can share. Don’t let corporate peeps scare you into submission.

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I’m a bored person who works with too much online media that would like to answer the question but to save some time I’ll put a TL;DR

Most if not all PMVs are copyright infringement but it isn’t something you should particularly worry about if you are not profiting monetarily from making them. You will not get sued or fined for making PMVs and you will not get fined or sued for downloading the copyrighted material needed to make them if done safely (this second part probably doesn’t apply to you :slight_smile: )

Now then…

Some of the clips are from leaked onlyfans and some of them just basic tiktoks with a porn split screen.

If you want to talk about legality in most cases all PMVs are copyright infringement. Some may argue fair use but that comes in a few categories that can be hard and next to impossible to achieve with a typical PMV.

  • Whether it adds new expression or meaning to the original work
  • Whether the sections grabbed from the original work represent the heart of the work
  • Whether the use of the original work harms the copyright owner’s ability to profit from their original work

Some may say that creating an edit to music from multiple sources of copyrighted work as a compilation is transformative. However this isn’t true and is case by case. New expression to a copyrighted work refers to adding on to an original work to add new meaning to it. This is why most commentary channels that add their own commentary to an original piece of media are labeled under fair use as an example.

Another argument that is against the transformative debate is the second clause of “the heart of the work”. In most cases you can take like 5 seconds of a copyrighted work and be fine and fall under fair use as long as you comment upon it. It can be as simple as saying one word in some cases. Hell you can even use another piece of copyrighted material to be your comment and it can still be transformative enough to add a new meaning to that section. But in this case of creating a compilation set to music, it still takes the original purpose of the video and reuses it. The only difference in most cases is the original work is now edited and stitched together to accompany music.

The last thing I listed should be obvious. In your original post you referenced using leaked footage. That is 100% copyright infringement. Again, your fine. No jail time, no civil lawsuits, no fines. At most a DMCA takedown and a mean email. In most cases of a takedown, the DMCA notice is directed to the platform it was uploaded on. If it isn’t taken down, the liability falls on them; not you. This is why DMCA exists, to protect copyright owners from having their work distributed on sites that allow the user to upload to.

That’s all. Thank you for coming to my Ted Talk. If you have any questions I’m happy to clarify some time but for the most part don’t worry to much about it in this case. If you’re video get’s taken down from a DMCA, your next step is to move on to the next video :smiley:

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