Chilling Effects
Home Weather Reports Report Receiving a Cease and Desist Notice Search the Database Topics
Sending
Topic HomeFAQsMonitoring the legal climate for Internet activity
Chilling Effects
 Chilling Effects Clearinghouse > DMCA Notices > Notices > DMCA (Copyright) Complaint to Twitter (NoticeID 1275462, http://chillingeffects.org/N/1275462) Printer-friendly version

DMCA (Copyright) Complaint to Twitter

October 21, 2013

 

Sender Information:
Board of Control for Cricket in India
Sent by: [Private]
Legal Counsel
Bangalore, Karnataka, 560046, India

Recipient Information:
[Private]
Twitter
San Francisco, CA, 94107, USA


Sent via: online form
Re: Infringement Notification via Twitter Complaint

DMCA Takedown Notice:

Reporter:
Copyright Owner: Board of Control for Cricket in India
Name: [redacted]
Company: Copyright Integrity International
Job title: Legal Counsel

City: Bangalore
State/Province: Karnataka
Country: India
-------

Reported Twitter account: @IshvarHinduvadi

Description of original work: Audiovisual footage and production content relating to cricket matches of the Australia tour of India 2013, organised under the auspices of the Board of Control for Cricket in India ("BCCI") are transmitted with license and authorisation via television broadcast from match locations across India by the BCCI's broadcast partners and official licensees.

Description of infringement: The copyrighted work includes audiovisual broadcasts of live cricket matches of the Australia tour of India 2013, organised under the auspices of the BCCI. These rights originate with the BCCI. The BCCI and its official partners and licensees are entitled to enforce these rights.

Reported Tweet URL: http://twitter.com/IshvarHinduvadi/status/391527414427574272

Where does this Tweet link to?: n/a

Where does this Tweet link to?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @PunjabiBoyLucky

Description of original work: Audiovisual footage and production content relating to cricket matches of the Australia tour of India 2013, organised under the auspices of the Board of Control for Cricket in India ("BCCI") are transmitted with license and authorisation via television broadcast from match locations across India by the BCCI's broadcast partners and official licensees.

Description of infringement: The copyrighted work includes audiovisual broadcasts of live cricket matches of the Australia tour of India 2013, organised under the auspices of the BCCI. These rights originate with the BCCI. The BCCI and its official partners and licensees are entitled to enforce these rights.

Reported Tweet URL: http://twitter.com/PunjabiBoyLucky/status/391513733861605376

Where does this Tweet link to?: n/a

Where does this Tweet link to?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @umairjav

Description of original work: Audiovisual footage and production content relating to cricket matches of the Australia tour of India 2013, organised under the auspices of the Board of Control for Cricket in India ("BCCI") are transmitted with license and authorisation via television broadcast from match locations across India by the BCCI's broadcast partners and official licensees.

Description of infringement: The copyrighted work includes audiovisual broadcasts of live cricket matches of the Australia tour of India 2013, organised under the auspices of the BCCI. These rights originate with the BCCI. The BCCI and its official partners and licensees are entitled to enforce these rights.

Reported Tweet URL: http://twitter.com/umairjav/status/390778631011565568

Where does this Tweet link to?: n/a

Where does this Tweet link to?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @Bharath0082

Description of original work: Audiovisual footage and production content relating to cricket matches of the Australia tour of India 2013, organised under the auspices of the Board of Control for Cricket in India ("BCCI") are transmitted with license and authorisation via television broadcast from match locations across India by the BCCI's broadcast partners and official licensees.

Description of infringement: The copyrighted work includes audiovisual broadcasts of live cricket matches of the Australia tour of India 2013, organised under the auspices of the BCCI. These rights originate with the BCCI. The BCCI and its official partners and licensees are entitled to enforce these rights.

Reported Tweet URL: http://twitter.com/Bharath0082/status/390485261391388672

Where does this Tweet link to?: n/a

Where does this Tweet link to?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @72olis

Description of original work: Audiovisual footage and production content relating to cricket matches of the Australia tour of India 2013, organised under the auspices of the Board of Control for Cricket in India ("BCCI") are transmitted with license and authorisation via television broadcast from match locations across India by the BCCI's broadcast partners and official licensees.

Description of infringement: The copyrighted work includes audiovisual broadcasts of live cricket matches of the Australia tour of India 2013, organised under the auspices of the BCCI. These rights originate with the BCCI. The BCCI and its official partners and licensees are entitled to enforce these rights.

Reported Tweet URL: http://twitter.com/72olis/status/390429856321650688

Where does this Tweet link to?: n/a

Where does this Tweet link to?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @qamberger

Description of original work: Audiovisual footage and production content relating to cricket matches of the Australia tour of India 2013, organised under the auspices of the Board of Control for Cricket in India ("BCCI") are transmitted with license and authorisation via television broadcast from match locations across India by the BCCI's broadcast partners and official licensees.

Description of infringement: The copyrighted work includes audiovisual broadcasts of live cricket matches of the Australia tour of India 2013, organised under the auspices of the BCCI. These rights originate with the BCCI. The BCCI and its official partners and licensees are entitled to enforce these rights.

Reported Tweet URL: http://twitter.com/qamberger/status/390418380584275968

Where does this Tweet link to?: n/a

Where does this Tweet link to?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @mianfaisal525

Description of original work: Audiovisual footage and production content relating to cricket matches of the Australia tour of India 2013, organised under the auspices of the Board of Control for Cricket in India ("BCCI") are transmitted with license and authorisation via television broadcast from match locations across India by the BCCI's broadcast partners and official licensees.

Description of infringement: The copyrighted work includes audiovisual broadcasts of live cricket matches of the Australia tour of India 2013, organised under the auspices of the BCCI. These rights originate with the BCCI. The BCCI and its official partners and licensees are entitled to enforce these rights.

Reported Tweet URL: http://twitter.com/mianfaisal525/status/390070063216091137

Where does this Tweet link to?: n/a

Where does this Tweet link to?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @miller_cricket

Description of original work: Audiovisual footage and production content relating to cricket matches of the Australia tour of India 2013, organised under the auspices of the Board of Control for Cricket in India ("BCCI") are transmitted with license and authorisation via television broadcast from match locations across India by the BCCI's broadcast partners and official licensees.

Description of infringement: The copyrighted work includes audiovisual broadcasts of live cricket matches of the Australia tour of India 2013, organised under the auspices of the BCCI. These rights originate with the BCCI. The BCCI and its official partners and licensees are entitled to enforce these rights.

Reported Tweet URL: http://twitter.com/miller_cricket/status/390043867103252480

Where does this Tweet link to?: n/a

Where does this Tweet link to?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @Alu_Chaat

Description of original work: Audiovisual footage and production content relating to cricket matches of the Australia tour of India 2013, organised under the auspices of the Board of Control for Cricket in India ("BCCI") are transmitted with license and authorisation via television broadcast from match locations across India by the BCCI's broadcast partners and official licensees.

Description of infringement: The copyrighted work includes audiovisual broadcasts of live cricket matches of the Australia tour of India 2013, organised under the auspices of the BCCI. These rights originate with the BCCI. The BCCI and its official partners and licensees are entitled to enforce these rights.

Reported Tweet URL: http://twitter.com/Alu_Chaat/status/389661918652149760

Where does this Tweet link to?: n/a

Where does this Tweet link to?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @iam_msu

Description of original work: Audiovisual footage and production content relating to cricket matches of the Australia tour of India 2013, organised under the auspices of the Board of Control for Cricket in India ("BCCI") are transmitted with license and authorisation via television broadcast from match locations across India by the BCCI's broadcast partners and official licensees.

Description of infringement: The copyrighted work includes audiovisual broadcasts of live cricket matches of the Australia tour of India 2013, organised under the auspices of the BCCI. These rights originate with the BCCI. The BCCI and its official partners and licensees are entitled to enforce these rights.

Reported Tweet URL: http://twitter.com/iam_msu/status/391523718175789057

Where does this Tweet link to?: n/a

Where does this Tweet link to?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @Adam2malik

Description of original work: Audiovisual footage and production content relating to cricket matches of the Australia tour of India 2013, organised under the auspices of the Board of Control for Cricket in India ("BCCI") are transmitted with license and authorisation via television broadcast from match locations across India by the BCCI's broadcast partners and official licensees.

Description of infringement: The copyrighted work includes audiovisual broadcasts of live cricket matches of the Australia tour of India 2013, organised under the auspices of the BCCI. These rights originate with the BCCI. The BCCI and its official partners and licensees are entitled to enforce these rights.

Reported Tweet URL: http://twitter.com/Adam2malik/status/391522522740432896

Where does this Tweet link to?: n/a

Where does this Tweet link to?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @get2karthik

Description of original work: Audiovisual footage and production content relating to cricket matches of the Australia tour of India 2013, organised under the auspices of the Board of Control for Cricket in India ("BCCI") are transmitted with license and authorisation via television broadcast from match locations across India by the BCCI's broadcast partners and official licensees.

Description of infringement: The copyrighted work includes audiovisual broadcasts of live cricket matches of the Australia tour of India 2013, organised under the auspices of the BCCI. These rights originate with the BCCI. The BCCI and its official partners and licensees are entitled to enforce these rights.

Reported Tweet URL: http://twitter.com/get2karthik/status/391482061904564225

Where does this Tweet link to?: n/a

Where does this Tweet link to?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @jahanban

Description of original work: Audiovisual footage and production content relating to cricket matches of the Australia tour of India 2013, organised under the auspices of the Board of Control for Cricket in India ("BCCI") are transmitted with license and authorisation via television broadcast from match locations across India by the BCCI's broadcast partners and official licensees.

Description of infringement: The copyrighted work includes audiovisual broadcasts of live cricket matches of the Australia tour of India 2013, organised under the auspices of the BCCI. These rights originate with the BCCI. The BCCI and its official partners and licensees are entitled to enforce these rights.

Reported Tweet URL: http://twitter.com/jahanban/status/390744876117426176

Where does this Tweet link to?: n/a

Where does this Tweet link to?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @AdnanMunir4

Description of original work: Audiovisual footage and production content relating to cricket matches of the Australia tour of India 2013, organised under the auspices of the Board of Control for Cricket in India ("BCCI") are transmitted with license and authorisation via television broadcast from match locations across India by the BCCI's broadcast partners and official licensees.

Description of infringement: The copyrighted work includes audiovisual broadcasts of live cricket matches of the Australia tour of India 2013, organised under the auspices of the BCCI. These rights originate with the BCCI. The BCCI and its official partners and licensees are entitled to enforce these rights.

Reported Tweet URL: http://twitter.com/AdnanMunir4/status/390668432246464512

Where does this Tweet link to?: n/a

Where does this Tweet link to?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @santhozn

Description of original work: Audiovisual footage and production content relating to cricket matches of the Australia tour of India 2013, organised under the auspices of the Board of Control for Cricket in India ("BCCI") are transmitted with license and authorisation via television broadcast from match locations across India by the BCCI's broadcast partners and official licensees.

Description of infringement: The copyrighted work includes audiovisual broadcasts of live cricket matches of the Australia tour of India 2013, organised under the auspices of the BCCI. These rights originate with the BCCI. The BCCI and its official partners and licensees are entitled to enforce these rights.

Reported Tweet URL: http://twitter.com/santhozn/status/390491419661447168

Where does this Tweet link to?: n/a

Where does this Tweet link to?: n/a

Where does this Tweet link to?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

-------

512(f) Acknowledgment: I understand that under 17 U.S.C. § 512(f), I may be liable for any damages, including costs and attorneys' fees, if I knowingly materially misrepresent that reported material or activity is infringing.

Good Faith Belief: I have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

Authority to Act: The information in this notification is accurate, and I state under penalty of perjury that I am authorized to act on behalf of the copyright owner.

Signature: [redacted]

 
FAQ: Questions and Answers

[back to notice text]


Question: Why does a user-generated content site get DMCA takedown notices for links users have posted?

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.


Topic maintained by Chilling Effects

Topic Frequently Asked Questions (and Answers)
Chilling Effects Clearinghouse - www.chillingeffects.org
disclaimer / privacy / about us & contacts