DMCA (Copyright) Complaint to Google

sender

on behalf of OWSLA

[Private] , , , US Sent on April 03, 2014

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on April 03, 2014

Re: Websearch Infringement Notification via Online Form Complaint

Sent via: online form

Notice Type:: Dmca

Action taken:: Yes

Copyright claim #1

Kind of Work: music

Description Album Name: Stand Up Artist/Song Title(s): Henry Fong - Stand Up (Original Mix)
Original URLs:
1. https://www.facebook.com/djhenryfong
Allegedly Infringing URLs:
1. http://49mp3.com/mp3/Henry%2BFong%2BHenry%2BFong%2B-%2BStand%2BUp%2B(Halftime)
2. http://cloud-vibe.com/music/henry_fong_stand.html
3. http://cloud-vibe.com/music/_STAND_UP_Original_Mix_HENRY_FONG.html
4. http://freemp3de.com/download-henry-fong-stand-up-halftime-original-mix-hd-mp3.html
5. http://freemp3de.com/download-henry-fong-stand-up-mp3.html
6. http://mp3monkey.net/mp3/stand_up-henry.html
7. http://mp3skull.fm/search.html%3Fq%3DHenry%2BFong%2B-%2BStand%2BUp%2B%2BHalftime%2B
8. http://mp3vampire.com/mp3/Henry_Fong_-_Stand_Up_Original_Mix_.html
9. http://mp3vip.org/music/%2520Henry%2520Fong%2520%25E2%2580%2593%2520Stand%2520Up%2520(Original%2520Mix)%2520/1/
10. http://mp3vip.org/music/%2520Henry%2520Fong%2520%25E2%2580%2593%2520Stand%2520Up%2520(Original%2520Mix)%2520/2/
11. http://mp3vip.org/music/henry%2520fong%2520stand%2520up%2520original%2520mix/1/
12. http://mp3vip.org/music/Henry%2520Fong%2520stand%2520up%2520(original%2520mix)/1/
13. http://mp3vip.org/music/henry%2Bfong%2B-
14. http://mp3vip.org/music/Henry%2BFong%2Bstand%2Bup%2B(original%2Bmix)
15. http://mp3vip.org/music/henry%2Bstand%2Bup
16. http://myfreemp3.eu/music/fong%2Bhalftime
17. http://myfreemp3.eu/music/Henry%2520Fong%2520-%2520Stand%2520Up%2520(Halftime
18. http://myfreemp3.eu/music/Henry%2Bfong%2Bhalftime
19. http://myfreemp3.eu/music/henry%2Bfong%2Bmix
20. http://myfreemp3.eu/music/henry%2Bfong%2Bstand%2Bup%2Boriginal
21. http://myfreemp3.eu/music/-henry-fong---stand-up
22. http://myfreemp3.eu/music/stand%2Bup%2Bhenry%2Bfong%2Boriginal%2Bmix
23. http://pastebin.com/YYKBZ32R
24. http://topmp3forme.com/Henry%2BFong
25. http://topmp3forme.com/Henry%2BFong%2B%2526%2BMakj%2Bvs.%2BShowtek
26. http://www.freshoutng.com/mp3/henry
27. http://www.freshoutng.com/mp3/stand-up-love
28. http://www.livingelectro.com/search/Henry%2520Fong%2520-%2520Stand%2520Up%2520(Original%2520Mix)/1
29. http://www.mp3mommy.com/henry-fong-mp3-download.html
30. http://www.silvertorrent.org/torrent/217572/Henry%2BFong%2B-%2BStand%2BUp%2B(Original%2BMix).mp3%2B*mousR.html
31. http://www.stafaband.info/download/mp3/lagu_henry_fong_ohm/
32. http://www.stafaband.info/download/mp3/lagu_skrillex_vs_tujamo_fatboy_slim_who_make_it_bun/
33. http://zmp3skull.com/mp3/D5hr1R64/henry-fong-stand-up-henry-song-download/
34. http://zmp3skull.com/mp3/KAFef9Qz/henry-fong-stand-up-flezz-trap-song-download/
35. http://zmp3skull.com/mp3/w5bC1JDh/henry-fong-stand-up-bosiyaw-song-download/
36. http://zmp3skull.com/mp3/W8F7S2zI/henry-fong-stand-up-kandy-edit-song-download/

Related FAQs

Can a hyperlinker be protected by the DMCA safe-harbor?

Someone who posts hyperlinks to online material may benefit from the DMCA safe harbor in section 512(d), "information location tools." If you linked to materials without knowing they were infringing, but then receive a notice of claimed infringement, you can claim the statutory immunity if you remove the link expeditiously.

Does filing a counter-notification indicate that you are willing to defend yourself against a claim of copyright infringement?

Filing a counter-notification indicates that the subscriber has a "good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled." [15 U.S.C. s 512(g)(c)(3)] A counter-notification also requires a statement that the subscriber consents to the jurisdiction in which the address of the subscriber is located. [17 U.S.C. s 512(g)(3)(D)]

Thus, the filing of a counter-notification does not explicitly indicate consent to defend against a claim of copyright infringement; it merely indicates a good faith belief that the challenged material is non-infringing. An individual who believes that a user has infringed or is infringing upon his or her copyright may sue the user for infringement regardless of whether a take-down notice is sent to the service provider. The safe-harbor rules do not affect the right of a lawful copyright holder to sue a user who directly infringes his or her copyright.

What are the criteria a service provider must satisfy in order to qualify for safe harbor protection under Subsection 512(a) of the Digital Millennium Copyright Act?

Subsection 512(a) provides a safe harbor for service providers in regard to communications that do not reside on the service provider

What does it mean to have material "hosted" on a website?

Hosting (also known as Web site hosting, Web hosting, and Webhosting) is the business of housing, serving, and maintaining files for one or more Web sites. More important than the computer space that is provided for Web site files is the fast connection to the Internet. Hosting allows the files to be stored in a location which is quicker for third parties to access. Typically, an individual business hosting its own site would require a similar connection and it would be expensive. Using a hosting service lets many companies share the cost of a fast Internet connection for serving files.

A number of Internet access providers, such as America Online, offer subscribers free space for a small Web site that is hosted by one of their computers. Geocities is a Web site that offers registered visitors similar free space for a Web site. While these services are free, they are also very basic.

A number of hosting companies describe their services as virtual hosting. Virtual hosting usually implies that their services will be transparent and that each Web site will have its own domain name and set of e-mail addresses. In most usages, hosting and virtual hosting are synonyms. Some hosting companies let you have your own virtual server, the appearance that you are controlling a server that is dedicated entirely to your site.

Do the safe harbor provisions of section 512(c) apply to instances of alleged trademark infringement?

Section 512(c) does not pertain to instances of trademark infringement. Sub-section (1) states, "a service provider shall not be liable for . . . infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider . . ." (emphasis added). On its face, therefore, 512(c) is not applicable to a situation in which a trademark holder gives notice to an on-line service provider (OSP) that a user is infringing his or her intellectual property rights. However, in the absence of any caselaw on the subject, should a trademark holder bring a claim for contributory infringement, an OSP might be able to mount a valid defense by analogy to section 512(c).

Why does a web host, blogging service provider, or search engine get DMCA takedown notices?

Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(c)'s safe-harbor for hosts of "Information Residing on Systems or Networks At Direction of Users" or Section 512(d)'s 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 materials it hosts or links to, it can avoid the possibility of money damages by following the DMCA's takedown procedure when it gets a notice. The person whose information was removed can file a counter-notification if he or she believes the complaint was erroneous.

How does a Creative Commons license help?

Creative Commons licenses provide a standard way for authors to declare their works "some rights reserved" (instead of "all rights"). If the source you're quoting has a Creative Commons license or public domain dedication, you may have extra rights to use the content. Licenses don't trump fair use, but if you want to do more than fair use allows, look at the terms of the license to see what it permits and what, if anything, it requires you to do in return. The attribution license, for example, lets you copy, distribute, and display a work so long as you name the original author. Share-alike lets you make derivative works so long as you use the same license for your re-mix. A work in the public domain is no longer under copyright, so you can use as much as you want in any way you like.

What can happen to an ISP if it does not take down the requested information?

[not yet answered]

What are screenshots, and is using them copyright infringement?

Screen shots or screen dumps are still images taken from computer programs. Screen shots are often used in training materials to explain how to use a computer program. Screen shots are protected by copyright law if the original work is protected. This is due to the fact that screenshots are viewed as derivative works.

The US Copyright Act of 1976, Section 101, says:

A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work."

What happens if an individual is found to repeatedly infringe?

The safe harbor provisions require the service provider to include in its copyright infringement policies a termination policy that results in individuals who repeatedly infringe copyrighted material being removed from the service provider networks. [512(i)(1)(A)] This termination policy must be made public in the terms of use that the service provider includes in its contracts or on its web site.

Do plot synopses and reproductions of photographs infringe on copyrights?

A plot synopsis may or may not infringe on a copyright, depending on whether the court finds that the use of original material is fair use. Photographs are protected by the copyright holder's rights to both reproduce and display his work, and this right may be violated by posting those photographs on the Internet.

Can a copyright owner find out the identity of the individual responsible for the allegedly infringing material?

The safe harbor provisions permit a copyright owner to subpoena the identity of the individual allegedly responsible for the infringing activities. [512(h)] Such a subpoena is granted on the condition that the information about the individual's identity will only be used in relation to the protection of the intellectual property rights of the copyright owner. [512(h)(2)(C)]

The DMCA subpoena provision does not apply to requests for the identities of users of ISP conduit 512(a) services, but only to users of hosting or linking, for which a takedown may be sent under 512(c)(3)(A). Thus DMCA subpoenas cannot be used to find the identities of users engaged in peer-to-peer filesharing. Recording Industry Assoc. of America v. Verizon Internet Svcs., Inc.

Am I free to copy the content from someone else's website verbatim?

No. While you are free to report the facts and ideas embodied in another person's article or web page, you shouldn't copy the entire page unless you can assert a fair use defense. Copyright does not protect facts or ideas, but it can protect the particular way someone has expressed them.

What is the Berne Convention for the Protection of Literary and Artistic Works?

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement about copyright, which was first adopted in Berne, Switzerland in 1886. It was developed at the instigation of Victor Hugo, and was thus influenced by the French "right of the author" (droit d'auteur), which contrasts with the Anglo-Saxon concept of "copyright", which has only been concerned with economic protection.

May non-US citizens use the DMCA?