Individual complains of blog copying -- Chilling Effects Clearinghouse

Chilling Effects Clearinghouse > DMCA Safe Harbor > Notices > Individual complains of blog copying

Individual complains of blog copying

March 23, 2006

Sender Information:
southern-charms.com
Sent by: [Private]
[Private]

Recipient Information:
[Private]
Google, Inc. [Blogger]
Mountain View, CA, 94043, USA

Sent via: email
Re: Copyright infringement on blogs

Dear Google.com, Blogger.com, and Blogspot.com:

It has come to my attention that you have made an unauthorized use of my copyrighted work entitled Izzy Charm in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in December 2001, and have registered copyright therein. Your work entitled Church of Annette http://churchofannette.blogspot.com/ is essentially identical to the Work and clearly used the Work as its basis.

http://photos1.blogger.com/blogger/8161/2084/1600/iz237x006%20copy. jpg
Stolen from: http://www.southern-charms.com/izzy/iz237x006.jpg

http://photos1.blogger.com/blogger/8161/2084/1600/iz222x010%20copy.0.jpg
Stolen from: http://www.southern-charms.com/izzy/iz222x010.jpg

http://photos1.blogger.com/blogger/8161/2084/1600/iz222x006%20copy.0.jpg
Stolen From: http://www.southern-charms,com/izzv/iz222x006.jpg

http://photosl.blogger.com/blogger/8161/2084/1600/iz222x009%20copy.0. jpg
Stolen From: http://www.southern-charms.com/izzy/iz222x009.jpg

http://photos1.blogger.com/blogger/8161/2084/1600/iz210x005.jpg
Stolen From: http://www.southern-charms.com/izzy/iz2 1 0x005. jpg

http://photos1.blogger.com/blogger/8161/2084/1600/iz210x001.jpg
Stolen From: http://www.southern-charms.com/izzy/iz210x00l.jpg

http://photos1.blogger.com/blogger/8161/2084/1600/iz210x004.jpg
Stolen From: http://www.southern-charms,com/izzy/iz210x004.jpg

http://churchofannette.blogspot.com/2006_01_15_churchofannette_archive.html
http://photos1.blogger.com/blogger/8161/2084/1600/IZZY.jpg
Stolen From: http://www.southern-charms.com/izzy/z102605x101.jpg
Stolen From: http://www.southern-charms.com/izzy/z1002605x102.jpg
Stolen From: http://www.southern-charms.com/izzy/z102605x104.jpg

http://photos1.blogger.com/blogger/8161/2084/1600/iz219x007%20copy.jpg
Stolen From: http://www.southern-charms.com/izzy/iz219x007.jpg

http://photos1.blogger.com/blogger/8161/2084/1600/IZZYYYYY.jpg
Stolen From: http://www.southern-charms.com/izzy/iz223x007.jpg

http://photos1.blogger.com/blogger/8161/2084/1600/iz223x006%20copy.jpg
Stolen From: flttp://www.southerrn-charms.com/izzy/iz223x006.jgp

http://churehofannette.blogspot.com/2006_01_22_churchofannette_archive.html
http://photos1.blogger.com/blogger/ 8161/2084/1600/iz224x005%20copy.0.jpg
Stolen From: http://www.southern-charms.com/izzy/iz224x005.jpg

http://photos1.blogger.com/blogger/8161/2084/1600/iz224x006%20copy.jpg
Stolen From: http://www.southern-charms.com/izzy/iz224x006.jpg

http://photos1.blogger.com/blogger/8161/2084/1600/iz224x004%20copy.jpg
Stolen From: http://www.southern-charms.com/izzy/iz224x004.jpq

http://churchofsnnette.blogspot.com/2006_01_29_churchofannette_archive.html
http://photos1.blogger.com/blogger/8181/2084/1600/iz226x009%20copy.jpg
Stolen From: http://www.southern-charms.com/izzy/iz226x009.jpg

http://churchofannette.blogspot.com/2006_02_05_churohofannette_archive.html
http://photos1.blogger.com/blogger/8161/2084/1800/iz228x008%20copy.0.jpg
Stolen From: http://www.southern-charms.com/izzy/iz228x008.jpg

http://photosl.blogger.com/blogger/8161/2084/1600/iz228x007%20copy.0.jpg
Stolen From: http://www.southern-charms.com/izzy/iz228x007.jpg

http://photosl.blogger.com/blogger/8161/2084/1600/CH.jpg
Stolen From: http://www.southern-charms.com/izzy/iz231x01.jpg

http://photosl.blogger.com/blogger/8161/2084/1600/iz231x002%20copy.jpg
Stolen From: http://www.southern-charms.com/izzy/iz231x002. jpg

As you neither asked for nor received permission to use the Work as the basis for Izzy Charm nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.

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.

I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by April 15, 2006 indicating that you have fully complied with these requirements, I shall take further action against you. My full legal name (first ,middle and/or last) shall be kept private from the person(s) who are currently posting on http://churchofannette.blogspot.com/ or any other site associated with it. Due to the harassment generated by this website and it?s users.

Very truly yours,
[private]
March 23, 2006
www.Southern-Charms.com/izzy
[private]@Izzy2go.com

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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.

Topic maintained by Samuelson Law, Technology and Public Policy Clinic

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