Use of Name on an Adult Website

[moonneko]

What is the name of your state (only U.S. law)? CA
I found out that there is a certain video on an adult website where anonymous users (possibly an ex) are claiming that the person in the video is me, which it is not, however she looks similar to me. I've called and emailed the website asking if the video or comments can be removed, since this list is shown on Google's search results, and can affect my chances with an employer. I've explained to them the person in the video isn't me, and to please remove the comments or video so I can request Google to remove the link, but the woman I spoke to on the phone said they aren't able to do that since the person in the video isn't me. I think this is horrible that they won't even delete the comments when it isn't me. I've tried another email related to the website, but I'm just getting the run around. Is there a way to tell them that they'd need to legally remove the comments since there is slander in the comments?

Thank you for your advice!

 

[army judge]

If it isn't you, you can't order them (or ask them) to take it down.

Well, you can ask, and they have answered.

Remember, it isn't you, just someone who "resembles" you.

 

[tpajet]

You can't do much about them not taking it down, but if you can prove who posted the video and made the comments you could sue that person. It would be an uphill battle, but it still might be worth filing the case. The idea being that whoever did post them might get scared enough of legal action to go ahead and take them down. But there are no guarantees and you will have to pay filing fees (probably a couple hundred dollars if you go to small claims court)

 

[Michael Wechsler]

What is the name of your state (only U.S. law)? CA
I found out that there is a certain video on an adult website where anonymous users (possibly an ex) are claiming that the person in the video is me, which it is not, however she looks similar to me. I've called and emailed the website asking if the video or comments can be removed, since this list is shown on Google's search results, and can affect my chances with an employer. I've explained to them the person in the video isn't me, and to please remove the comments or video so I can request Google to remove the link, but the woman I spoke to on the phone said they aren't able to do that since the person in the video isn't me. I think this is horrible that they won't even delete the comments when it isn't me. I've tried another email related to the website, but I'm just getting the run around. Is there a way to tell them that they'd need to legally remove the comments since there is slander in the comments? Thank you for your advice!

I'd send written notice via a certified method, demanding (not requesting) that the video and its description be taken down as it wrongfully and erroneously identifies you as an actor in the video. My guess is that, if they have a terms of use, such a description would be a violation of the terms of use. I know that in all the video sites I've worked with the TOU always contained a claim that the person uploading the video either is the person appearing in the video and, in the event of multiple people, has secured the rights and permissions of those people.

Army Judge may be technically correct regarding DMCA takedown notices. If they don't have a proper TOU then you can inform them that you will be suing them for knowingly and intentionally contributing to defamation (the claim that you are the person in the video) and that you may send notice to their hosting company or facility about this issue. Without discussing the law, I'm guessing that this will easily suffice in convincing a company to just take down the content as it is not worth fighting about. Best of luck.