Images DMCA (Copyright) Complaint to Google -- Chilling Effects Clearinghouse

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Images DMCA (Copyright) Complaint to Google

November 9, 2009

Sender Information:
Ingeborg Mayr
Sent by:
Cartouche Designer Collection

Recipient Information:

Google, Inc. [Blogger]

Mountain View, CA, 94043, USA

Sent via: online form
Re: Infringement Notification for Blogger

Web Form DMCA Complaint Submitted by: Ingeborg Mayr

YOUR COPYRIGHTED WORK
Location of copyrighted work (where your authorized work is located):
Position 1 copyright work:

http://www.dubai7stars.blogspot.com/

The Picture left in the header of my Blog dubai7stars.blogspot.com

This picture is original taken by me on Jan 28, 2005 in Dubai Burj Al Arab,
with my casio Camera and also uploaded by me to Picasa Webalbum - user
name Sheikha, shown in Picasa with Photo reuse all rights reserved.
Link:
http://picasaweb.google.com/dubai7stars/Dubai7Stars?authkey=Gv1sRgCKua8ZjH7-GGwQE#5310831852561499586

Position 2
This colage Camel lalala is original made by me and published in my Blog
Link:
http://dubai7stars.blogspot.com/2009/08/important-notice-for-our-readers-copy.html

and on my website
www.7stars.com
(
I´ve linked my Blog
dubai7stars.blogspot.com to this, my , domain)
http://dubai7stars.blogspot.com/2009/07/dont-kiss-your-girlfriend-in-dubai-taxi_19.html

and on my Blog Wordpress:
http://7starsdubai.wordpress.com/2009/07/19/dont-kiss-your-girlfriend-in-a-dubai-taxi/

Ps.:
Please check the ownership of the named Domain:
www.dubai7stars.com
and
also www.7stars.com
.
Here you will see my full adress and the verification
of me and the ownership.

What is the copyrighted work?:
Position 1:
Photo Burj Al Arab Steel Construction
This picture is original taken by me, Ingeborg Mayr, on Jan 28, 2005 in
Dubai Burj Al Arab, with my casio Camera.
This photo is no where else published by me , it is only published in my
Blog dubai7stars.blogspot.com, and on my domain
www.7starsdubai.com
,
the
header left. It has never been sold by me or given a copyright to anybody.
Upload to Picasa, copyright all rights reserved to Picasa
http://picasaweb.google.com/dubai7stars/Dubai7Stars?authkey=Gv1sRgCKua8ZjH7-GGwQE#5310831852561499586

Position 2
Colage Camel graphic created by me with software Ulead Photoimpact, named
lalalacamelsmall.jpg .copyright all rights reserved
upload to my Picasa Album ( Username Sheikha) August 15, 2009
Link:
http://picasaweb.google.com/dubai7stars/Dubai7Stars?authkey=Gv1sRgCKua8ZjH7-GGwQE#5369955645832243554

LOCATION OF INFRINGING MATERIAL
Location (URL) of infringing material in the catalog.
Position 1 ( Photo Burj Al Arab construction)
www.dubai9stars.blogspot.com

(header photo left side)

Position 2
Colage lalalacamelsmall.jpg
http://dubai9stars.blogspot.com/2009/08/important-notice-for-our-readers-copy.html

and

http://dubai9stars.blogspot.com/2009/08/ranting-and-raving-about-nothing.html

Please take also attention again to the fact, that the Blogger
dubai9stars.blogspot.com has also given false statements, that I have
copied this Blog dubai9stars. This statements are completely untrue. Google
( Blogger) can easly find this out by checking the date of establishing the
Blog Dubai9stars. My Blog was established in January 2008. This Blog
dubai9stars should be ealiest been established in July 2009.
Fact is, that the Blogger 9starsdubai.blogspot.com has copied 1:1 my Blog
Layout of dubai7stars, not only misusing the copyright of the obove named
photo and colage. This Blogger dubai9stars has also copied widgets in the
sidebar, which are only linked to me. For example: the advertisement
Emirates Airline is by clicking on it linked to my affiliat account.
Another example is the visitor map in the side bar on which you will see if
you click on this, that this is the visitor map of my blog
dubai7stars.blogspot.com.

To this the Blogger dubai9stars.blogsot.com is publishing under Twitter
http://twitter.com/dubai9stars
and
http://twitter.com/9starsdubai

misleading statements about me dubai7stars.blogspot.com and me.

Also I investigated that the Blogger dubai9stars.blogspot has registered
July 21, 2009,the domain
www.7starsdubai.com
.
The contact adress shown is
Kuala Lumpur Malaysia
By viewing this domain
Link: http://9starsdubai.com/

you will see that the same content appear like on dubai9stars.blogspot.com

Location (URL) of infringing third party content that the blog is linking to.
NO

Sworn Statements
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. [checked]

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. [checked]

Signature

Signed on this date of:
09.Nov.2009

Signature:
[Private]

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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