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 775464, http://chillingeffects.org/N/775464) Printer-friendly version

DMCA (Copyright) Complaint to Twitter

January 10, 2013

 

Sender Information:
MAGNOLIA PICTURES
Sent by: [Private]
Web Sheriff
London, London, W6 9DX, UK

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


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

DMCA Takedown Notice:

Reporter: I am an authorized representative of the copyright owner.
Copyright Owner: MAGNOLIA PICTURES
Name: [redacted]
Company: Web Sheriff
Job title: Creative Protection

City: London
State/Province: London
Country: UK
-------

Reported Twitter account: @Hafinudin

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/Hafinudin/status/288484393293598720

Reported Tweet Content: New Film Update : John Dies At The End (2012 720p WEB-DL 700MB Ganool: Info: imdb.com/title/tt178373… Release Da... #Newfilm

Reported Tweet Time: Jan 08 2013 03:16:53 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @96BEBEN96

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/96BEBEN96/status/288484385924186112

Reported Tweet Content: John Dies At The End (2012 720p WEB-DL 700MB Ganool: Info: imdb.com/title/tt178373… Release Date: 25... bit.ly/WGeHDt

Reported Tweet Time: Jan 08 2013 03:16:52 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @sherlypd

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/sherlypd/status/288484383554404352

Reported Tweet Content: John Dies At The End (2012 720p WEB-DL 700MB Ganool: Info: imdb.com/title/tt178373… Release Date: 25... bit.ly/WGeHDt

Reported Tweet Time: Jan 08 2013 03:16:51 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @IndoNewsDigital

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/IndoNewsDigital/status/288484381604061184

Reported Tweet Content: John Dies At The End (2012 720p WEB-DL 700MB Ganool tinyurl.com/a6uc42j

Reported Tweet Time: Jan 08 2013 03:16:51 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @SEPIK_man

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/SEPIK_man/status/288484381524381696

Reported Tweet Content: John Dies At The End (2012 720p WEB-DL 700MB Ganool bit.ly/WGeHDt

Reported Tweet Time: Jan 08 2013 03:16:50 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @RevianaT

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/RevianaT/status/288484379641147392

Reported Tweet Content: John Dies At The End (2012 720p WEB-DL 700MB Ganool: Info: imdb.com/title/tt178373… Release Date: 25... bit.ly/WGeHDt

Reported Tweet Time: Jan 08 2013 03:16:50 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @GanoolOfficial

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/GanoolOfficial/status/288482555584450561

Reported Tweet Content: John Dies At The End (2012 720p WEB-DL 700MB Ganool dlvr.it/2m3RWx

Reported Tweet Time: Jan 08 2013 03:09:35 via dlvr.it

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @DDLValley

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/DDLValley/status/288418705078104064

Reported Tweet Content: http://t.co/Do3SvKZL.The.End.2012.720p.WEB-DL.H264-WEBiOS wp.me/p2xIp2-6y6

Reported Tweet Time: Jan 07 2013 22:55:52 via WordPress.com

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @sohd13101986

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/sohd13101986/status/287938014129315842

Reported Tweet Content: John Dies at the End (2012) 1080p WEB-DL AAC H264-Vice: John Dies at the End (2012) 1080p WEB-DL AAC H264-ViceIM... adf.ly/Gyram

Reported Tweet Time: Jan 06 2013 15:05:46 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @bonddjeims

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/bonddjeims/status/288306127790288896

Reported Tweet Content: starspot.ru В финале Джон умрёт / John Dies at the End (2012) WEB-DLRip 1080p: Новы... bit.ly/ZgAK5x maeval.ru

Reported Tweet Time: Jan 07 2013 15:28:31 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @sohd13101986

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/sohd13101986/status/287939598611542016

Reported Tweet Content: John Dies at the End (2012) 1080p WEB-DL AAC H264-Vice adf.ly/Gysai

Reported Tweet Time: Jan 06 2013 15:12:04 via dlvr.it

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @pocemuka

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/pocemuka/status/288016485325078530

Reported Tweet Content: В финале Джон умрёт / John Dies at the End (2012 / HDRip) hryupachok.com/film/zar/3083-…

Reported Tweet Time: Jan 06 2013 20:17:35 via Tweet Button

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @Dosdik

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/Dosdik/status/287969433958367232

Reported Tweet Content: В финале Джон умрёт / John Dies at the End (2012 / HDRip) / Фильмы / ok-e.ru/movies/25753-v…

Reported Tweet Time: Jan 06 2013 17:10:37 via spbodezhda.ru

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @softrunet

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/softrunet/status/287988029807804417

Reported Tweet Content: В финале Джон умрёт / John Dies at the End (2012 / HDRip): Обитатели маленького города на среднем западе США, Дж... bit.ly/Vuf05p

Reported Tweet Time: Jan 06 2013 18:24:31 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @aleximus05

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/aleximus05/status/287892685803626496

Reported Tweet Content: В финале Джон умрёт / John Dies at the End (2012/HDRip/700mb) pocemuka.com/kino/ugas/2704…

Reported Tweet Time: Jan 06 2013 12:05:39 via Tweet Button

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @I7EH9I

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/I7EH9I/status/287969154546421760

Reported Tweet Content: В финале Джон умрёт / John Dies at the End (2012 / HDRip) / Фильмы / nice-looking.ru/filmy/2797-v-f…

Reported Tweet Time: Jan 06 2013 17:09:31 via nice-looking.ru

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @ecotraid

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/ecotraid/status/287910203343663104

Reported Tweet Content: В финале Джон умрёт / John Dies at the End (2012/HDRip) +Online / Фильмы на ПК / smartdevays.ru/?newsid=3673

Reported Tweet Time: Jan 06 2013 13:15:16 via Smart Device-все для смартфонов!

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @Kiber7771

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/Kiber7771/status/287910199912706049

Reported Tweet Content: В финале Джон умрёт / John Dies at the End (2012/HDRip) +Online / Фильмы 2011-2013 г. / kiber777.com/?newsid=3302

Reported Tweet Time: Jan 06 2013 13:15:15 via Kiber777

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @Soft_Foto_Ru

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/Soft_Foto_Ru/status/287833228922990592

Reported Tweet Content: В финале Джон умрёт / John Dies at the End (2012/HDRip/1400MB): Новый препарат, наркотик, наводнил улицы, его де... bit.ly/UVIA6l

Reported Tweet Time: Jan 06 2013 08:09:24 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @GsKino

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/GsKino/status/287577455143817217

Reported Tweet Content: В финале Джон умрёт / John Dies at the End (2012) HDRip 720p bit.ly/USpLRB

Reported Tweet Time: Jan 05 2013 15:13:02 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @RuMaXnet

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/RuMaXnet/status/288427129731956736

Reported Tweet Content: В финале Джон умрет / John Dies at the End (2012) HDRip
Новый п... bit.ly/WqkYTh

Reported Tweet Time: Jan 07 2013 23:29:21 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @Kazantsau

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/Kazantsau/status/287578297334890496

Reported Tweet Content: В финале Джон умрёт / John Dies at the End (2012/HDRip/1400MB): Новый препарат… goo.gl/fb/Kqz18 скачать софт

Reported Tweet Time: Jan 05 2013 15:16:23 via Google

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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: @sohd13101986

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'John Dies at The End'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/sohd13101986/status/287684869541203969

Reported Tweet Content: John Dies At The End (2012) HDRip XviD HS: John Dies At The End (2012) HDRip XviD HSLanguage : English 1h 40m... adf.ly/Gx8Kq

Reported Tweet Time: Jan 05 2013 22:19:52 via twitterfeed

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The infringing material is available for display or download directly at the linked website.

Infringing material still available?: 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