Author objects to blog reproduction of "Essays on MiddleEarth"
September 16, 2005
Michael Martinez, PARMA ENDORION: ESSAYS ON MIDDLEEARTH
Sent by: [Private]
Tomball, TX, 77375, US
Blogger [Google, Inc.]
Mountain View, CA, 94043, USA
Sent via: fax
Re: DMCA complaint regarding pmusu.blogspot.com
To Whom It May Concern:
Per instructions from the person who answered your telephone when I called [private], I am notifying Google via fax of a copyright violation on one of your services,
I am the author and copyright holder for PARMA ENDORION: ESSAYS ON MIDDLEEARTH., 3rd EDITION. It is currently only available in the form of a PDF download file available through a few authorized distributors (the most well known of which is http://www.free ebooks.net/fan_fiction.html).
One of your BLOGSPOT/BLOGGER users has copied the entire text of the ebook into their blog without seeking my permission:
The person reproduced the entire book, including the copyright notice page. This is a clear violation of copyright and I ask that it be removed expeditiously.
I may be reached via email at [private]@xenite.org or on my cell phone at 7[private]. I live in Houston and am therefore in the Central Time Zone.
Thank you for your attention to this matter.
September 16, 2005
Attn: Blogger, DMCA complaints
1600 Amphitheatre Pkwy
Mountain View, CA 94043
Re: [#281380] DMCA complaint regarding pmusu.blogspot.com
I am in receipt of your email response to my DMCA complaint of September 14. My complaint concerned the unauthorized, reproduction and use of the contents of my eBook, Parma Endorion; Essays on Middle earth, 3rd Edition, by the pmusu.blogspot.com account.
Per your request, I hereby declare and affirm that I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.
I swear, under penalty of perjury that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,
Tomball, TX 77375
|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.
| FAQ: Questions|
| More Like This Notice|
| Related News|
| Related Resources|
| Other Topics|