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 Chilling Effects Clearinghouse > DMCA Safe Harbor > Notices > Text DMCA (Copyright) Complaint to Wikipedia (NoticeID 203475, http://chillingeffects.org/N/203475) Printer-friendly version

Text DMCA (Copyright) Complaint to Wikipedia

January 11, 2012

 

Sender Information:
Cengage Learning
Sent by:
Infringement & Anti-Piracy Paralegal


Farmington Hills,, MI, 48334, US

Recipient Information:

Wikimedia Foundation


Los Angeles, Californi, 90017, USA


Sent via: email
Re: DMCA NOTICE OF COPYRIGHT INFRINGEMENT

To Whom It May Concern:

Cengage Learning, Inc. (“Cengage”) is among the largest textbook and academic publishers in the world. I am authorized to act on behalf of Cengage whose copyright and other intellectual property rights it believes to be infringed as described herein.

Cengage is providing this notice pursuant to the Section 512 of Title 17 of the U.S. Code (as enacted by the Online Copyright Infringement Liability Limitation Act) to request that the you immediately take action with respect to infringement that is occurring at the web address identified in the Addendum below, which is being used to infringe Cengage’s exclusive copyrights and other rights.

Based on the information at its disposal, Cengage has a good faith belief that infringement is occurring at the web address set forth below, which also describes the specific copyrighted work that has been infringed. The unauthorized copies are identified by their titles or variations thereof. The material that is the subject of infringing activities are hereinafter referred to as "Infringing Material."
Given the infringing activity that is occurring, Cengage urges you to cooperate with its efforts to protect its intellectual property rights by undertaking the following steps:

1. Notify the account holder of the Infringing Material;
2. Take steps to stop the infringing activity, and any other infringing activity of which you are aware or should reasonably be aware;
3. Notify any user who may have been responsible for reproducing or distributing the infringing material; and,
4. Take appropriate action against the account holder under your Abuse Policy/Terms of Service Agreement, including termination of repeat offenders under Section 512(i) of Title 17 of the U.S. Code.

Cengage believes that the information in this notification is accurate. Under penalty of perjury, Cengage hereby affirms that it is authorized to act with respect to the exclusive copyright rights set forth on the attached as described herein. By providing this notice, Cengage is not waiving their right to engage in other enforcement activities, and reserve all rights to do so at any time.

You may contact Cengage at the address listed below, with e-mail preferred.

Thank you for your cooperation and prompt response in this matter.

Sincerely,
[redacted]
Infringement & Anti-Piracy Paralegal
Cengage Learning
[redacted]
Farmington Hills, MI 48334
Tel: [redacted] E-Mail: [redacted]@cengage.com

List of Infringing Item(s) or Material(s):
Title: “Tonga” from Countries of the World and Their Leaders 2007, Gale-Cengage Learning pg. 1873
URL: http://en.wikipedia.org/wiki/Tonga#Economy

 
FAQ: Questions and Answers

[back to notice text]


Question: Why does a web host or blogging service provider get DMCA takedown notices?

Answer: Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(c)m a safe-harbor for hosts of "Information Residing on Systems or Networks At Direction of Users." This safe harbors give providers immunity from liability for users' possible copyright infringement -- if they "expeditiously" remove material when they get complaints. Whether or not the provider would have been liable for infringement by materials its users post, the provider can avoid the possibility of a lawsuit for money damages by following the DMCA's takedown procedure when it gets a complaint. The person whose information was removed can file a counter-notification if he or she believes the complaint was erroneous.

Question: What does a service provider have to do in order to qualify for safe harbor protection?

Answer: In addition to informing its customers of its policies (discussed above), a service provider must follow the proper notice and takedown procedures (discussed above) and also meet several other requirements in order to qualify for exemption under the safe harbor provisions.

In order to facilitate the notification process in cases of infringement, ISPs which allow users to store information on their networks, such as a web hosting service, must designate an agent that will receive the notices from copyright owners that its network contains material which infringes their intellectual property rights. The service provider must then notify the Copyright Office of the agent's name and address and make that information publicly available on its web site. [512(c)(2)]

Finally, the service provider must not have knowledge that the material or activity is infringing or of the fact that the infringing material exists on its network. [512(c)(1)(A)], [512(d)(1)(A)]. If it does discover such material before being contacted by the copyright owners, it is instructed to remove, or disable access to, the material itself. [512(c)(1)(A)(iii)], [512(d)(1)(C)]. The service provider must not gain any financial benefit that is attributable to the infringing material. [512(c)(1)(B)], [512(d)(2)].


Question: What are the provisions of 17 U.S.C. Section 512(c)(3) & 512(d)(3)?

Answer: Section 512(c)(3) sets out the elements for notification under the DMCA. Subsection A (17 U.S.C. 512(c)(3)(A)) states that to be effective a notification must include: 1) a physical/electronic signature of a person authorized to act on behalf of the owner of the infringed right; 2) identification of the copyrighted works claimed to have been infringed; 3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; 4) information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address); 5) a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and 6) a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner. Subsection B (17 U.S.C. 512(c)(3)(B)) states that if the complaining party does not substantially comply with these requirements the notice will not serve as actual notice for the purpose of Section 512.

Section 512(d)(3), which applies to "information location tools" such as search engines and directories, incorporates the above requirements; however, instead of the identification of the allegedly infringing material, the notification must identify the reference or link to the material claimed to be infringing.


Question: Does a service provider have to follow the safe harbor procedures?

Answer: No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued.


Question: How do I file a DMCA counter-notice?

Answer: If you believe your material was removed because of mistake or misidentification, you can file a "counter notification" asking the service provider to put it back up. Chilling Effects offers a form to build your own counter-notice.

For more information on the DMCA Safe Harbors, see the FAQs on DMCA Safe Harbor. For more information on Copyright and defenses to copyright infringement, see Copyright.


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