Akamedia claims unauthorized exposure of Janet Jackson videos
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October 13, 2005 | |
Sender Information:
Akamedia
Sent by: [Private]
[Private]
FERRAND, France
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Recipient Information:
[Private]
Google, Inc.
Mountain View, CA, 94043, USA
Sent via: fax
Re:
Ladies and Gentlemen,I, CEO of Akamedia, act as the official representative of the producer (the "Owner") of the following video material (the "Video Material"):
Janet Jackson sunbathing in an hotel in Miami, playing bongo on her chest and her bottom Akamedia Ref: # 11846 and #1151 As required under Sections 512(c)(3) and 512(d)(3) of the Digital Millennium Copyright Act (17 U.S.C. ??512(c)(3) and 512(d)(3)), we place you on notice that: 1. The Owner is the exclusive owner of the copyrights in and to the "Video Material"; 2. Utilizing the following search query at www.google.com, the following search results (the "Infringing Material") contain unauthorized copies of the "Video Material" or unauthorized derivative works of the "Video Material" which infringe the "Video Material" and the exclusive rights of the "Owner":
Any search containing "Janet Jackson" Commercial link
Janet Jackson Sex Tape
Check Out Janet's Naked Body In This Uncut Sex Tape. See It Now! galleries.juicybucks.com/pfe
Search "Janet Jackson naked"
Page 3
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Here is Janet Jackson showing a little more than a single boob while nude sun bathing. www.enwhore.com/movie/1132-Janet_Jackson_Sun_Tanning_Naked.html - 41k - En cache - Pages similaires Page 6
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Janet Jackson Caught Naked - Butt Bongos (Mature). Steve's Pick Jackie Mason on OJ Simpson. Squirrely's Pick Metropolis -The Experiment. Melissa's Pick ... www.evtvl.com/index.asp-itemnum-889 - 27k - En cache - Pages similaires
Search "Janet Jackson sunbathing"
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BeerAndShots - your one stop website for humor, jokes, adult fun and free funny videos. www.beerandshots.com/funny_videos/all_videos/janet_jackson_sunbathing_nude_20051005456/ - 26k - En cache - Pages similaires
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Page 8
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Please immediately remove or disable all access or any link to the Infringing Material.
The use of the Infringing Material is not authorized by the Owner, its agents or the law. The information in this Notice of Copyright Infringement is accurate and under penalty of perjury.
Should you require any further information regarding this matter, please contact me at the address, telephone number or email address indicated below. Very truly yours,
[Private], CEO
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| FAQ: Questions and Answers | |
[back to notice text]
Question: Why does a search engine get DMCA takedown notices for materials in its search listings?
Answer: Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(d), a safe-harbor for providers of "information location tools." These 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 users' materials it links to, 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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