DMCA (Copyright) Complaint to Google

sender

Copyright Law Enforcers

[Private] , , , US Sent on August 01, 2013

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on August 01, 2013

Re: Websearch Infringement Notification via Online Form Complaint

Sent via: online form

Notice Type:: Dmca

Action taken:: Yes

Copyright claim #1

Kind of Work: book

Description Recordings of our client's flash video streams which originated from the domain www.myfreecams.com
Original URLs:
1. http://www.myfreecams.com
Allegedly Infringing URLs:
1. http://kitty-kats.net/showthread.php?1686555-More-of-Northwest-Beauties-models-around
2. http://kitty-kats.net/showthread.php?1686555-More-of-Northwest-Beauties-models-around/page10
3. http://kitty-kats.net/showthread.php?1686555-More-of-Northwest-Beauties-models-around/page11
4. http://kitty-kats.net/showthread.php?1686555-More-of-Northwest-Beauties-models-around/page12
5. http://kitty-kats.net/showthread.php?1686555-More-of-Northwest-Beauties-models-around/page13
6. http://kitty-kats.net/showthread.php?1686555-More-of-Northwest-Beauties-models-around/page14
7. http://kitty-kats.net/showthread.php?1686555-More-of-Northwest-Beauties-models-around/page15
8. http://kitty-kats.net/showthread.php?1686555-More-of-Northwest-Beauties-models-around/page16
9. http://kitty-kats.net/showthread.php?1686555-More-of-Northwest-Beauties-models-around/page2
10. http://kitty-kats.net/showthread.php?1686555-More-of-Northwest-Beauties-models-around/page3
11. http://kitty-kats.net/showthread.php?1686555-More-of-Northwest-Beauties-models-around/page4
12. http://kitty-kats.net/showthread.php?1686555-More-of-Northwest-Beauties-models-around/page5
13. http://kitty-kats.net/showthread.php?1686555-More-of-Northwest-Beauties-models-around/page6
14. http://kitty-kats.net/showthread.php?1686555-More-of-Northwest-Beauties-models-around/page7
15. http://kitty-kats.net/showthread.php?1686555-More-of-Northwest-Beauties-models-around/page8
16. http://kitty-kats.net/showthread.php?1686555-More-of-Northwest-Beauties-models-around/page9

Related FAQs

Do you have to have a copyright notice or register your copyright in order to send a 512 C&D?

[not yet answered]

What is defamation?

Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.

Speech that involves a public figure--such as a corporation--is only defamatory if it is false and said with "actual malice", meaning with knowledge of the statement's falsity or in reckless disregard for the truth. It also must be factual rather than an expression of an opinion. In the United States, because of our strong free speech protections, it is extremely difficult to prove defamation of a public figure.

Truth is an absolute defense to a claim of defamation, but of course, the truth can be difficult and expensive to prove.

Opinions are not defamatory, but the issue is whether a reasonable reader or listener could understand the statement in question as asserting a statement of verifiable fact, not whether it is labeled as "opinion."

What is copyright infringement? Are there any defenses?

Infringement occurs whenever someone who is not the copyright holder (or a licensee of the copyright holder) exercises one of the exclusive rights listed above.

The most common defense to an infringement claim is "fair use," a doctrine that allows people to use copyrighted material without permission in certain situations, such as quotations in a book review. To evaluate fair use of copyrighted material, the courts consider four factors:

the purpose and character of the use
the nature of the copyrighted work
the amount and substantiality of copying, and
the market effect.

(17 U.S.C. 107)

The most significant factor in this analysis is the fourth, effect on the market. If a copier's use supplants demand for the original work, then it will be very difficult for him or her to claim fair use. On the other hand, if the use does not compete with the original, for example because it is a parody, criticism, or news report, it is more likely to be permitted as "fair use."

Trademarks are generally subject to fair use in two situations: First, advertisers and other speakers are allowed to use a competitor's trademark when referring to that competitor's product ("nominative use"). Second, the law protects "fair comment," for instance, in parody.

May I freely copy from federal government documents?

Yes. Works produced by the US government, or any government agency or person acting in a government capacity, are in the public domain. So are the texts of legal cases and statutes from state or federal government. Private contractors working for the government, however, can license or transfer copyrights to the US government, and those copyrights remain enforceable.

Why does a search engine get DMCA takedown notices for materials in its search listings?

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.

For more information on the DMCA Safe Harbors, see the FAQs on DMCA Safe Harbors.

For more information on Copyright and defenses to copyright infringement, see the Copyright page.

What is the difference between plagiarism and copyright infringement?

Many people confuse the two, but copyright infringement and plagiarism are different concepts. Plagiarism occurs when a dishonest writer, or some other person, copies another's words or ideas without attributing them to the true author. Black's Law Dictionary 1170 (7th ed.1999). With plagiarism, it does not matter whether the words are copyrighted .

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

In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not on 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 OSP for any damages that resulted from the improper removal of the material. [512(f)]

What are monetary damages?

Monetary damages are a category of "Special damages." They are awards which compensate plaintiffs for monetary losses. These may be actual losses (real lost sales) or reasonably predictable losses.

What is copyright protection?

Copyright vests in a creative work - including literary, musical, dramatic, choreographic, pictorial or graphic, audiovisual, or architectural works, or sound recordings, but not in ideas, at the moment the work is fixed in tangible form.

Copyright grants a variety of rights to the owner of a creative work, which means that the work (and the owner of the rights) is protected from others doing those things without the owner's permission.

"Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

Do I need to register my copyright?

You get copyright automatically when you create a work and "fix" or record it. Registration with the Copyright Office is not a prerequisite, but it can give you additional protection: you can only get statutory damages for infringement of a registered copyright. A U.S. author must also register before filing a copyright lawsuit.

May non-US citizens use the DMCA?

[not yet answered]

What is "willful copyright infringement"?

Willful infringement occurs when the infringer knows that the material they are copying is protected by copyright. In many cases, the penalties for copyright infringement are greater if the infringement is willful.

What is a civil lawsuit?

In a civil lawsuit, the victim brings a case for money damages against the offender or a third party for causing physical or emotional injuries. Regardless of the outcome of any criminal prosecution, or even if there was no prosecution, crime victims can file civil lawsuits against offenders and other responsible parties. The person who starts the lawsuit is called the plaintiff, and the person or entity against whom the case is brought is called the defendant. Unlike a criminal case, in which the central question is whether the offender is guilty of the crime, in a civil lawsuit, the question is whether an offender (or a third party) is responsible for the injuries suffered

In a civil suit, unlike a criminal prosecution, the plaintiff is responsible for the cost of litigation. Most attorneys handle victim cases on a contingency basis, which means that the attorney fee is deducted from the final award. This allows individuals to have access to the civil justice system without the need to finance the case themselves. If the case is not successful, the victim usually pays nothing. In a civil suit, the attorney directly represents the victim.

Do search engines have to notify sites they index?

[not yet answered]

What is a valid copyright license?

A valid license is an agreement where the copyright owner retains his or her ownership of the rights involved, but allows a third party to exercise some or all of those rights without fear of a copyright infringement suit. A license is preferred over an assignment of rights where the copyright holder wishes to maintain some ownership over the rights, or wishes to exercise continuing control over how the third party uses the copyright holder's rights.

Re: Websearch Infringement Notification via Online Form Complaint

Copyright claim #1