DMCA (Copyright) Complaint to Twitter -- Chilling Effects Clearinghouse

Chilling Effects Clearinghouse > DMCA Notices > Notices > DMCA (Copyright) Complaint to Twitter (NoticeID 785610, http://chillingeffects.org/N/785610)

DMCA (Copyright) Complaint to Twitter

January 17, 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: @allfreedlcom

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Nature Calls'.

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

Reported Tweet URL: https://twitter.com/allfreedlcom/status/291002859854651393

Reported Tweet Content: Nature Calls (2012) 720p BluRay x264-GECKOS goo.gl/fb/2VMNe

Reported Tweet Time: Jan 15 2013 02:04:23 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: @Xmovies8

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Nature Calls'.

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

Reported Tweet URL: https://twitter.com/Xmovies8/status/289659924739416065

Reported Tweet Content: Download Nature Calls (2012) LIMITED BluRay 720p 550MB movie FREE: xmovies8.com/2013/01/natureâ€¦

Reported Tweet Time: Jan 11 2013 09:08:02 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: @imax_im

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Nature Calls'.

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

Reported Tweet URL: https://twitter.com/imax_im/status/290658688585318401

Reported Tweet Content: è‡ªç„¶å¬å”¤ - Nature.Calls.2012.720p.BluRay.x264-GECKOS [PublicHD] bit.ly/SvId3g

Reported Tweet Time: Jan 14 2013 03:16:46 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: @Ghsani

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Nature Calls'.

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

Reported Tweet URL: https://twitter.com/Ghsani/status/289593793093709825

Reported Tweet Content: Nature Calls (2012) LIMITED BluRay 720p 550MB Ganool | Ganool.com: ganool.com/nature-calls-2â€¦

Reported Tweet Time: Jan 11 2013 04:45:15 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: @AcciMcRay

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Nature Calls'.

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

Reported Tweet URL: https://twitter.com/AcciMcRay/status/290058664939769856

Reported Tweet Content: Nature Calls (2012) LIMITED BluRay 720p 550MB Ganool | Ganool.com: ganool.com/nature-calls-2â€¦

Reported Tweet Time: Jan 12 2013 11:32:29 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: @GanoolOfficial

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Nature Calls'.

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/289449798745092096

Reported Tweet Content: #GanoolMovie Nature Calls (2012) LIMITED BluRay 720p 550MB Ganool q.gs/3G7Tt

Reported Tweet Time: Jan 10 2013 19:13:04 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: @sherlypd

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Nature Calls'.

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/289446604669325312

Reported Tweet Content: Nature Calls (2012) LIMITED BluRay 720p 550MB Ganool: Info: imdb.com/title/tt149315â€¦ Release Date: 9... bit.ly/VnepFl

Reported Tweet Time: Jan 10 2013 19:00:22 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: @300mbunitedrips

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Nature Calls'.

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

Reported Tweet URL: https://twitter.com/300mbunitedrips/status/289574498385162240

Reported Tweet Content: Nature Calls (2012) BluRay 720p 5.1CH 600MB goo.gl/fb/EdWZS

Reported Tweet Time: Jan 11 2013 03:28:35 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: @safwanshah1

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Nature Calls'.

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

Reported Tweet URL: https://twitter.com/safwanshah1/status/290080838236909568

Reported Tweet Content: Nature Calls (2012) LIMITED BluRay 720p 550Mb Mkv nblo.gs/H0Q3i

Reported Tweet Time: Jan 12 2013 13:00:35 via NetworkedBlogs

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: @amadershare

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Nature Calls'.

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

Reported Tweet URL: https://twitter.com/amadershare/status/289439813466218496

Reported Tweet Content: Movies â€¢ Nature Calls (2012) 720p BluRay x264-GECKOS bit.ly/ZxroT2 #warez #download

Reported Tweet Time: Jan 10 2013 18:33:23 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: @hdtvrelease

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Nature Calls'.

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

Reported Tweet URL: https://twitter.com/hdtvrelease/status/290220912698068992

Reported Tweet Content: Nature Calls 2012 LIMITED BDRip XviD-GECKOS bit.ly/VAu7gv

Reported Tweet Time: Jan 12 2013 22:17:12 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 'Nature Calls'.

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/289446602932891648

Reported Tweet Content: Nature Calls (2012) LIMITED BluRay 720p 550MB Ganool: Info: imdb.com/title/tt149315â€¦ Release Date: 9... bit.ly/VnepFl

Reported Tweet Time: Jan 10 2013 19:00:22 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: @lakronyy

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/lakronyy/status/291073514256080896

Reported Tweet Content: Ð—Ð»Ð¾ / V/H/S (2012) DVDRip bit.ly/WAK4Pr

Reported Tweet Time: Jan 15 2013 06:45:08 via fertoni

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: @lakronyy

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/lakronyy/status/290771537156505600

Reported Tweet Content: Ð—Ð»Ð¾ / V/H/S (2012) DVDRip bit.ly/WAK4Pr

Reported Tweet Time: Jan 14 2013 10:45:11 via fertoni

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: @taqineluxaf

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/taqineluxaf/status/290772809267961856

Reported Tweet Content: Ð—Ð»Ð¾ / V/H/S (2012) DVDRip bit.ly/WAK4Pr

Reported Tweet Time: Jan 14 2013 10:50:14 via fertoni

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: @pypakyme

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/pypakyme/status/290290897835413504

Reported Tweet Content: Ð—Ð»Ð¾ / V/H/S (2012) DVDRip bit.ly/WAK4Pr

Reported Tweet Time: Jan 13 2013 02:55:18 via fertoni

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: @rqazhh

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/rqazhh/status/290318545974349824

Reported Tweet Content: Ð—Ð»Ð¾ / V/H/S (2012) DVDRip bit.ly/WAK4Pr

Reported Tweet Time: Jan 13 2013 04:45:09 via fertoni

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: @SharealoWeb

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/SharealoWeb/status/290267919974281216

Reported Tweet Content: V/H/S [DVDRip] [2012] [Sub EspaÃ±ol] Online Descargar Gratis #Descargas #Descargar tinyurl.com/cltg4yw

Reported Tweet Time: Jan 13 2013 01:23:59 via SharealoTweet

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: @lakronyy

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/lakronyy/status/291073514256080896

Reported Tweet Content: Ð—Ð»Ð¾ / V/H/S (2012) DVDRip bit.ly/WAK4Pr

Reported Tweet Time: Jan 15 2013 06:45:08 via fertoni

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: @rtonim0

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/rtonim0/status/290202796903518208

Reported Tweet Content: Ð—Ð»Ð¾ / V/H/S (2012) DVDRip bit.ly/WAK4Pr

Reported Tweet Time: Jan 12 2013 21:05:13 via fertoni

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: @karissarhadden

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/karissarhadden/status/290630620739149825

Reported Tweet Content: Ð—Ð»Ð¾ / V/H/S (2012) DVDRip bit.ly/WAK4Pr

Reported Tweet Time: Jan 14 2013 01:25:14 via fertoni

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: @br_tine

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/br_tine/status/288702432714821632

Reported Tweet Content: V H S (2012) DVDRip H264-BINGOWINGZ dlvr.it/2mDpJ9

Reported Tweet Time: Jan 08 2013 17:43:18 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.

-------

512(f) Acknowledgment: I understand that under 17 U.S.C. Â§ 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.

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