BPS 387: How to Protect Your Film from Online Piracy with Evan Zeisel

Movie piracy has hurt the pockets of every filmmaker. But indie filmmakers are often affected worse. Today on the show we have Evan Zeisel and he has been systematically tracking down piracy sites for years. Ten years ago, Evan made his first feature film and landed a distributor. Within a week of being on its first VOD site, his film was already popping up on numerous piracy sites. He quickly learned through rigorous research to combat piracy and copyright infringement through the Digital Millennium Copyright Act, of 1998.

Basically, the DMCA instrument protects copyright holders from piracy or infringement and it protects the First Amendment of users who, unknowing of the illegality, uses copyrighted contents online for commercial purposes. How do you counter online piracy and what is the DMCA?The Digital Millennium Copyright Act (DMCA) is a U.S. law enacted in 1998 in an effort to combat piracy while also protecting freedom of speech. The pitfall of the DMCA is that in order to “protect” free speech, it notes that any content put online is considered not to be copyright infringement unless the copyright holder, or representative thereof, directly informs the site or the individual who posted the content that the content is indeed copyrighted.After being informed, the site has “a reasonable amount of time” (deemed 48-72 hours, by de facto enforcement by the courts) to remove the content before it is considered to be an illegal act. What this means is that a content creator needs to find every occurrence of infringement on the Internet and then find the site’s contact information, or Web Host/ISP’s contact information, and send a very specifically formatted letter (as defined by the DMCA) to that contact, before it will ever be considered needed to be taken down.Once received, if the content is not removed, then the content creator can use the Violation Notice sent, and a screenshot of the piracy, as a basis for legal action.

The issue is, attorneys cost money and there is an endless number of sites pirating content, so for the standard copyright holder taking legal action would be a Sisyphean act, costing them endless time and money, only to run up against pirates that hide behind fake email addresses and false contact information. A lot has changed in the computer and Internet world in the last 20+ years since the DMCA was enacted.Evan dissects in this interview the technicalities in reclaiming copyright, contacting violators, the language, or must-mentions required by the act. Evan tackles the mechanical challenges of tracking down his contents on piracy sites through an automated system, Copyright Slap, curated with help from a friend of his with a coding background, to efficiently contact these sites and have contents taken down in seconds. To date, they have identified the 1946 sites and taken down 6212.Every filmmaker, big and small deals with online piracy. Hopefully, this episode can help.

Enjoy my conversation with Evan Zeisel.

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