Glamour Model Mandy Kay Raises Key Legal Issue

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Mandy Kay
Image: Stevens Photography

American glamour model Mandy Kay, whom The Saturnalian interviewed last September, informed The Saturnalian of an important legal matter arising from a pornographic website’s unauthorized publication of a show she performed.  Mandy believes the site Motherless.com violated copyright laws by posting her video and then ignoring her takedown requests.  Motherless (the content host) initially made no response to Mandy’s complaint, but now, after an inquiry by The Saturnalian, Mandy has pursued an alternative approach, which resulted in having the video taken down successfully.

The video in question was made several months ago when Mandy, the October 2014 Playboy Cyber Girl of the Month, performed a masturbation session for the Adult webcam site MyFreeCams.com.  MyFreeCams provides a forum for women to perform live webcasts for viewers.  The shows often include striptease, masturbation, and conversation with viewers as the performers earn tips.  According to the site’s Model Agreement and Release, MyFreeCams retains copyright to performances on the site.

Following Mandy’s performance, a Motherless.com user uploaded a 52 minute video of Mandy’s show with the title, “Mandy Kay Dildo Fucking Show.”  It was viewed approximately 40,000 times.  Mandy says she sent takedown notices to Motherless on a weekly basis but received no response.  It appears the contract with MyFreeCams impeded Mandy’s standing to issue a takedown notice.

The Digital Millennium Copyright Act (DMCA) makes clear that only the holder of copyright can send a valid takedown request.  Accounting for this, MyFreeCams provides a service for models to request the takedown of performances posted elsewhere.  According to the MyFreeCams wiki, performers in such situations as Mandy may send notice to a special e-mail address to ultimately get the offending material removed.  After following these steps, Mandy fostered the removal of the video from Motherless.com.

To see Mandy’s performances live visit her page on MyFreeCams.  You can also follow her on Twitter and Facebook.

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