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ATVOD/Clips4Sale
Posted: Tue Dec 03, 2013 6:33 pm
by Welshmorph
Figured I should make a new thread as a warning seeing that some of you with stores may not have read the discussion in another thread.
Be very careful with you C4S stores as ATVOD found mine last week and after contacting C4S to see if it's possible to only take payments via credit card, which it isn't, I've had no choice but to close them.
So if ATVOD find you expect a letter.
Morph
Re: ATVOD/Clips4Sale
Posted: Tue Dec 03, 2013 8:10 pm
by VintageTog
Absolutely crazy when TACNet Ltd boast that they run over 300 sites in their network. Something there just doesn't seem right to me.
Re: ATVOD/Clips4Sale
Posted: Tue Dec 03, 2013 8:26 pm
by hutchv
Would registering a company in a different jurisdiction work? Conduct all business through that company. You are merely an employee of said company.
With this way you pay no tax to the UK government.
Out of interest - how much is the porn industry worth to the UK in terms of taxes?
Also, another question.
At the moment you are responsible for selling through clips4sale. They take a cut from each sale. If the contract with clips4sale was changed to an agreement that you gave clips4sale a limited licence to sell your product on their site but they pay you for each sale, and you had to maintain their store in your name - would you still fall under the rules?
There must be a loop hole somewhere.
Re: ATVOD/Clips4Sale
Posted: Tue Dec 03, 2013 8:39 pm
by Welshmorph
If you are responsible for editing and uploading the content and you live in the UK then you come under ATVOD's remit. Now you can do that and pay a yearly tarif. The problem is though another rule is that you can only take payment via a credit card, so that you have to be 18+ to own one.
Clips4Sale etc accept debit cards, and have told me there is no way of setting it so that only credit card sales can be made. So therefore if I continued with the stores I would be in breach of ATVOD's ruling.
Morph
Re: ATVOD/Clips4Sale
Posted: Tue Dec 03, 2013 8:45 pm
by hutchv
But, if you were employed by a company which is not based in the UK you do not fall under their remit.
A company is a separate legal entity.
Thus american company has a guy working for two weeks over here. He shoots edits and uploads. Will that content be subject to atvod?
Re: ATVOD/Clips4Sale
Posted: Wed Dec 04, 2013 2:26 am
by Welshmorph
No, I doubt it would be subject to ATVOD. But if I registered a company overseas there is no getting away from the fact that I'm still here doing the editing and uploading unless I moved overseas. It wouldn't be hard for ATVOD to find out I still live here.
Morph
Re: ATVOD/Clips4Sale
Posted: Wed Dec 04, 2013 4:41 am
by AdultFilmServices
Can you not challenge them as it sounds like you are paying them to shut you down.
C4S is US based and does not directly target the UK market alone. Surely you have a 'restriction of trade' you could appeal against?
How they can they insist that you must close up shop when you are aiming at consumers around the world?
Re: ATVOD/Clips4Sale
Posted: Wed Dec 04, 2013 6:13 am
by hutchv
Morph. It is irrelevant as to whether or not you lived here. The person who is carrying out the act is the company. A registered company is a legal person in the eyes of the law.
The whole thing is flawed when it comes to the internet. Its a fucking conundrum as to whether atvod applies because of various licence agreements and different jurisdictions (content creator, publisher, hosting all in different countries).
The key part is the publisher. Hosting may be considered irrelevant because if the publisher isnt in the jurisdiction then avtod have no chance. Thus register a company abroad.
Re: ATVOD/Clips4Sale
Posted: Wed Dec 04, 2013 8:29 am
by andy at handiwork
Were any other legal business to be subject to restrictions and bureaucracy that in effect prevent it from operating, without any evidence that the measures are particularly necessary, as has happened with the online adult industry, I'm sure lots of MPs would be jumping up and own complaining about restrictions of trade and red tape stifling enterprise.
Re: ATVOD/Clips4Sale
Posted: Wed Dec 04, 2013 8:58 am
by videokim
"TACNet Ltd boast that they run over 300 sites in their network"
They are the UK's biggest network of models & they do easily run over 300 sites but individuals are being contacted by ATVOD & some have joined ATVOD.
Its against EU rulings to restrict its members trade unfairly so ATVOD are chancing their luck until someone big enough can meet them head on in court,
we need to find a Barrister who wants to make legal history & on the cheap lol!...it could though come back & bite him/her on the arse if they lose,