What are my right to redistribute UGC for the TS3 & TS4
Hello,
I am not sure where or how to go about asking for help with my question. I am a partner of a website/blog that redistributes hard to find content/lost content as well as content that has to be paid for in order to add it to two of the Sims Games (The Sims 3 & The Sims 4). 99% of the content including the paid for content is gifted to our operator's to share with all users of the The Sims Games for free. The other 1% is spent searching for hard to find or lost content with the help of a lot of the users of our website.
We have never posted any content on our website/blog without giving the proper credit to the person or persons who generated the content even if they are no longer on-line. We are a group of people that are far from being rich and we use free services like blogger and simfileshare, mega, and mediafire to share the content with everyone. However, We have repeatedly come under fire and have had DMCA complaints and take down notices of our links and our pages that list some of the UGC, especially the paid for content.
You can view our site here Emma's Simposium.
My questions are, What are my rights to redistribute the UGC and What can I do to stop the DMCA take down notices?
We have worked very hard to find a lot of the lost content and so many people have helped in searching as well as gifting content that they legally purchased from these Creator's for the purpose of sharing. With these threats repeatedly happening we are afraid that we will lose our site. We have already lost 4 storage cloud accounts due to the complaints. Luckily I myself and The Owner of the site has backed up all 80,000+ pieces of lost/paid content that was listed on these cloud service. We have posted the EA TOS on our site as well as other legal content that says we are in no way violating the rights of these creators. And I should mention that the paid content that we do share has never been presented for free by the creator them selves and most of the content is either made using EA meshes or Converted meshes made by others then the person that converted it.
Our site has been in operation for 5 years and we have had only 2 incidents of DMCA take down notices until now. Since the Patreon Thing has blown up, We were dealing with a DMCA complaints and take downs on a daily basis. We have been forced to share all the Paid Content through email just so we don't lose our site. Now that is in jeopardy because we have so many who have signed up that one person can't handle it. We have to share the content to the individual because mailing a mass message with a download link resulted in the cloud services being suspended.
So again I ask What do we do? On one hand, we have EA saying they own All UGC and that All uses of the game can use and redistribute the UGC, then on the other hand, We are repeatedly reported for Copyright Infringement which will eventually result in the loss our site or valuable content to these DMCA take downs. We have a lot of people who send in request and who depend on us to share this content with them. I have read on countless post that "EA Owns All UGC no matter what because they own the Games" If this is true, is there anything I can post on my site to help protect it and the UGC content from these Creators. If We are in the wrong and the Creators do Own the Copyright to the Content they generate then we will gladly step away from the paid for content all together until it becomes lost or missing.
I am sorry this is so long and if I have posted this in the wrong place, but we are at the point were we need the help of EA. All we want to do is give all users of The Sims Games the equal opportunity to enjoy their game.
Thank You for your time and attention to our situation.
LABuchanan0