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 Chilling Effects Clearinghouse > DMCA Safe Harbor > Notices > Danny Couch Fanaddicts Want Images Removed (NoticeID 567, http://chillingeffects.org/N/567) Printer-friendly version

Danny Couch Fanaddicts Want Images Removed

February 10, 2003

 

Sender Information:
Danny Couch Fanaddicts
Sent by: [Private]
[Private]

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


Sent via: email
Re: Danny Couch Fanaddicts want images removed

From: "[Private]" <[Private]>
Subject: Re: Please Remove Images from your files [private]
Date: Mon, 10 Feb 2003 13:02:52 -0800


I swear, under penalty of perjury, that the information in the
notification is accurate and that, for each of
the images identified below, I am (or am authorized to act on behalf of)
the copyright owner or an exclusive licensee."
[Private] Danny couch Fanaddicts (owner)
http://www.dannycouchfanaddicts.com

Email [Private]

Remove All images at your pages as follows, including full page.

http://images.google.com/imgres?imgurl=www.dannycouchfanaddicts.com/offgaurd
darksmallnobordersmall.gif&imgrefurl=http://www.dannycouchfanaddicts.com/int
roduction.htm&h=216&w=150&prev=/images%3Fq%3DDANNY%28COUCH%26svnum%3D10%26hl
%3Den%26lr%3D%26ie%3DUTF-8%26oe%3DUTF-8%26sa%3DG

All images on this page.

http://images.google.com/images?hl=en&lr=&ie=UTF-8&oe=UTF-8&q=+site:www.dann
ycouchfanaddicts.com+DANNY+COUCH

All images on this page

http://images.google.com/images?q=+site:www.dannycouchfanaddicts.com+DANNY+C
OUCH&svnum=10&hl=en&lr=&ie=UTF-8&oe=UTF-8&start=20&sa=N

All images on this page

http://images.google.com/images?q=+site:www.dannycouchfanaddicts.com+DANNY+C
OUCH&svnum=10&hl=en&lr=&ie=UTF-8&oe=UTF-8&start=40&sa=N

Remove all images this page

http://images.google.com/images?q=+site:www.dannycouchfanaddicts.com+DANNY+C
OUCH&svnum=10&hl=en&lr=&ie=UTF-8&oe=UTF-8&start=60&sa=N

Remove all images this page

http://images.google.com/images?q=+site:www.dannycouchfanaddicts.com+DANNY+C
OUCH&svnum=10&hl=en&lr=&ie=UTF-8&oe=UTF-8&start=80&sa=N

Now Featuring Danny Couch's
New Cd Release
"Something To Remember"
http://www.dannycouchfanaddicts.com

> Hi [Private],
>
> Thanks for your inquiry about Google's Image Search service.
>
> Google complies with the Digital Millennium Copyright Act. To have
> an image removed from our image search service, you must provide a
> written communication (by fax, email or regular mail) that sets
> forth the items specified below. Please note that pursuant to that
> Act, you may be liable
> to the alleged infringer for damages (including costs and attorneys'
> fees)if you materially misrepresent that you own an image when you
> in fact
> do not. Accordingly, if you are not sure whether you have the right
> to request removal from our image search service, we suggest that
> you first contact an attorney
>
> To expedite our ability to process your request, please use the
> following format (including section numbers):
>
> 1. For each image you wish to have removed from our image search
> service,
> (a) provide the exact URL for the image, and (b) indicate whether
> that URL is owned or operated by you.
>
> For example:
> http;//www.google.com/press/art.gif,yes
> http://www.google.com/images/toolbar_about.gif, no
>
> 2. Provide information reasonably sufficient for Google to contact
> you (email address is preferred).
>
> 3. Include the following statement: "I swear, under penalty of
> perjury,
> that the information in the notification is accurate and that, for
> each of
> the images identified above, I am (or am authorized to act on behalf
> of) the copyright owner or an exclusive licensee."
>
> 4. Sign the paper or type your name if you are sending email.
>
> 5. Send the communication to one of the following addresses:

> Email:
> [Private]
> Fax:
> [Private], Attn: User Support, Image Search Service complaints
>
> Mail-
> Google, Inc.
> Attn: User support, Image Search Service complaints
> [Private]
> Mountain View, CA 94043
>
>
> Regards,
> The Google Team
>
>
>
> Original Message Follows:
> ------------------------
>
> From: "[Private]" <[Private]>
> Subject; Please Remove Images from your files
> Date: Fri, 7 Feb 2003 20:00:58 -0800
>
> I prefer not to have my website images debuted on Google. My entire
> site is protected, watermarked and copywrited.. I am requesting
> that the following pages of images be removed. I would also like
> simple instructions as to how to eliviate (sic) this problem in the
> future. Thank you, [Private]
> http://www.dannycouchfanaddicts.com
> [Private]
>
> Remove All images at your pages as follows, including full page.
>
> http://images.google.com/imgres?imgurl=www.dannycouchfanaddicts.com/offgaurd
> darksmallnobordersmall.gif&imgrefurl=http://www.dannycouchfanaddicts.com/int
> roduction.htm&h=216&w=150&prev=/images%3Fq%3DDANNY%28COUCH%26svnum%3D10%26hl
> %3Den%26lr%3D%26ie%3DUTF-8%26oe%3DUTF-8%26sa%3DG
>
> All images on this page.
>
> http://images.google.com/images?hl=en&lr=&ie=UTF-8&oe=UTF-8&q=+site:www.dann
> ycouchfanaddicts.com+DANNY+COUCH
>
> All images on this page
>
> http://images.google.com/images?q=+site:www.dannycouchfanaddicts.com+DANNY+C
> OUCH&svnum=10&hl=en&lr=&ie=UTF-8&oe=UTF-8&start=20&sa=N
>
> All images on this page
>
> http://images.google.com/images?q=+site:www.dannycouchfanaddicts.com+DANNY+C
> OUCH&svnum=10&hl=en&lr=&ie=UTF-8&oe=UTF-8&start=40&sa=N
>
> Remove all images this page
>
> http://images.google.com/images?q=+site:www.dannycouchfanaddicts.com+DANNY+C
> OUCH&svnum=10&hl=en&lr=&ie=UTF-8&oe=UTF-8&start=60&sa=N
>
> Remove all images this page
>
> http://images.google.com/images?q=+site:www.dannycouchfanaddicts.com+DANNY+C
> OUCH&svnum=10&hl=en&lr=&ie=UTF-8&oe=UTF-8&start=80&sa=N
>
> Now Featuring Danny Couch's
> New Cd Release
> "Something To Remember"
> http://www.dannycouchfanaddicts.com
>

image

 
FAQ: Questions and Answers

[back to notice text]


Question: What are the DMCA Safe Harbor Provisions?

Answer: In 1998, Congress passed the On-Line Copyright Infringement Liability Limitation Act (OCILLA) in an effort to protect service providers on the Internet from liability for the activities of its users. Codified as section 512 of the Digital Millennium Copyright Act (DMCA), this new law exempts on-line service providers that meet the criteria set forth in the safe harbor provisions from claims of copyright infringement made against them that result from the conduct of their customers. These safe harbor provisions are designed to shelter service providers from the infringing activities of their customers. If a service provider qualifies for the safe harbor exemption, only the individual infringing customer are liable for monetary damages; the service provider's network through which they engaged in the alleged activities is not liable.


[back to notice text]


Question: What are the DMCA's anti-circumvention provisions?

Answer: The Digital Millennium Copyright Act (DMCA) is the latest amendment to copyright law, which introduced a new category of copyright violations that prohibit the "circumvention" of technical locks and controls on the use of digital content and products. These anti-circumvention provisions put the force of law behind any technological systems used by copyright owners to control access to and copying of their digital works.

The DMCA contains four main provisions:

  1. a prohibition on circumventing access controls [1201(a)(1)(A)];
  2. an access control circumvention device ban (sometimes called the "trafficking" ban) [1201(a)(2)];
  3. a copyright protection circumvention device ban [1201(b)]; and,
  4. a prohibition on the removal of copyright management information (CMI) [1202(b)].

The first provision prohibits the act of circumventing technological protection systems, the second and third ban technological devices that facilitate the circumvention of access control or copy controls, and the fourth prohibits individuals from removing information about access and use devices and rules. The first three provisions are also distinguishable in that the first two provisions focus on technological protection systems that provide access control to the copyright owner, while the third provision prohibits circumvention of technological protections against unauthorized duplication and other potentially copyright infringing activities.


[back to notice text]


Question: What are the notice and takedown procedures for web sites?

Answer: In order to have an allegedly infringing web site removed from a service provider's network, or to have access to an allegedly infringing website disabled, the copyright owner must provide notice to the service provider with the following information:

  • The name, address, and electronic signature of the complaining party [512(c)(3)(A)(i)]
  • The infringing materials and their Internet location [512(c)(3)(A)(ii-iii)], or if the service provider is an "information location tool" such as a search engine, the reference or link to the infringing materials [512(d)(3)].
  • Sufficient information to identify the copyrighted works [512(c)(3)(A)(iv)].
  • A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)].
  • A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].

Once notice is given to the service provider, or in circumstances where the service provider discovers the infringing material itself, it is required to expeditiously remove, or disable access to, the material. The safe harbor provisions do not require the service provider to notify the individual responsible for the allegedly infringing material before it has been removed, but they do require notification after the material is removed.


[back to notice text]


Question: What are the counter-notice and put-back procedures?

Answer: In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)] If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]

A proper counter-notice must contain the following information:

  • The subscriber's name, address, phone number and physical or electronic signature [512(g)(3)(A)]
  • Identification of the material and its location before removal [512(g)(3)(B)]
  • A statement under penalty of perjury that the material was removed by mistake or misidentification [512(g)(3)(C)]
  • Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. [512(g)(3)(D)]

If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the person harmed for any damages that resulted from the improper removal of the material. [512(f)]

See also How do I file a DMCA counter-notice?, and the counter-notification generator.


[back to notice text]


Question: Does a copyright owner have to specify the exact materials it alleges are infringing?

Answer: Proper notice under the safe harbor provisions requires the copyright owners to specifically identify the alleged infringing materials, or if the service provider is an "information location tool" such as a search engine, to specifically identify the links to the alleged infringing materials. [512(c)(3)(iii)], [512(d)(3)]. The provisions also require the copyright owners to identify the copyrighted work, or a representative list of the copyrighted works, that is claimed to be infringed. [512(c)(3)(A)(ii)]. Rather than simply sending a letter to the service provider that claims that infringing material exists on their system, these qualifications ensure that service providers are given a reasonable amount of information to locate the infringing materials and to effectively police their networks. [512(c)(3)(A)(iii)], [512(d)(3)].

However, in the recent case of ALS Scan, Inc. v. Remarq Communities, Inc., the court found that the copyright owner did not have to point out all of the infringing material, but only substantially all of the material. The relaxation of this specificity requirement shifts the burden of identifying the material to the service provider, raising the question of the extent to which a service provider must search through its system. OSP customers should note that this situation might encourage OSP's to err on the side of removing allegedly infringing material.


[back to notice text]


Question: Can search engines be liable for copyright infringement by providing hyperlinks to search results?

Answer: Some Internet search engines have been getting "takedown" requests under the Digital Millennium Copyright Act, Section 512 (see DMCA Safe Harbor for more information). The DMCA provides a safe harbor to information location tools that comply with takedown notices, but it is not settled whether they would be liable for copyright infringement if they did not use the safe harbor. Arguably, computer-generated pages of links do not materially facilitate infringing activity or put their hosts on notice of copyright infringements.


[back to notice text]


Question: What kinds of things are copyrightable?

Answer: In order for material to be copyrightable, it must be original and must be in a fixed medium.

Only material that originated with the author can support a copyright. Items from the public domain which appear in a work, as well as work borrowed from others, cannot be the subject of an infringement claim. Also, certain stock material might not be copyrightable, such as footage that indicates a location like the standard shots of San Francisco in Star Trek IV: The Voyage Home. Also exempted are stock characters like the noisy punk rocker who gets the Vulcan death grip in Star Trek IV.

The requirement that works be in a fixed medium leaves out certain forms of expression, most notably choreography and oral performances such as speeches. For instance, if I perform a Klingon death wail in a local park, my performance is not copyrightable. However, if I film the performance, then the film is copyrightable.

Single words and short phrases are generally not protected by copyright, even when the name has been "coined" or newly-created by the mark owner. Logos that include original design elements can be protected under copyright or under trademark. Otherwise, words, phrases and titles may be protected only by trademark, however.


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