Book-editing site complains of paraphrase -- Chilling Effects Clearinghouse

Recipient Information:
User Support, DMCA Complaint
Google
Mountain View, CA, 94043, USA

This time, see: http://magicediting.com/younq.html
Compare with www.book-editing.com

1. Identify in sufficient detail the copyrighted work that you believe has been infringed.

The copyrighted material appears in Google searches. I search for fragments from my copyrighted pages and often come up with one of their pages. They have switched hosting companies and put my material back up. Their hosting company cannot be contacted.

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

For example see, on their site:
We welcome authors of all experience levels!
You are probably aware of what you are up against. Publishing houses receive hundreds of manuscript submissions each day. The eyes of the publishing house in-house editors are trained to weed out the sloppy. If you're an unpublished writer, you must be meticulously polished and presentable to even get your submission read.

You will want the publisher to be captivated and impressed by your writing, not dismayed by mistakes. You may have a terrific story, and even have the talent to tell it, but your errors will stand out to the trained eye of the publishing professional.
A manuscript should be noticed for its content and quality. Having the wrong words, unclear thinking, convoluted sentence structure, unrealistic dialogue, and temporal inconsistency, is not the way to get your work recognized.

You may be a great writer, and even have a prolific imagination, but without proper editing, any publisher will spot the errors in your submitted work right away. This fact makes the editing process as essential to having your book or work published as the writing process is.

Very seldom will a writer be a good choice as an editor for his/her own work and even a great writer needs an editing perspective other than himself/herself. When proofreading ones own work, one tends to overlook mistakes. Your mind fills in what it thinks should be there. Sometimes the writer is too close to the material to notice even the most blatant errors. A professional book editor can recognize the repetitions, faulty logic, inconsistencies, and other problems that are often overlooked by the writer.

Editing is just another step in the writing process. Don't let your book or manuscript be sent out without this important step. No job is too big or too small, our rates are very reasonable, and your date requests are honored. And because your satisfaction is our main goal, we also welcome your questions at any point in the process.

AND FROM WWW.BOOK-EDITING.COM
You've probably heard what you're up against. Publishing houses receive hundreds of submissions each day. The eyes of an in-house editor are trained to crush the weak and champion the strong. If you're an unpublished writer, you must be meticulously polished and presentable to even get your foot in the door.

You want the publisher to be captivated by your writing, not assaulted by a litany of mistakes. You may have a terrific story, and even have the talent to tell it, but it's your errors that will stand out to the publishing professional.

Literary agents are not book editors, but they appraise your submission with a critical eye and will not submit to any publisher a manuscript that isn't ready. An ethical literary agent will, instead, return it to you and suggest you retain a professional book editor.

Many manuscripts need more than error correction. Substantive editing of a fiction manuscript includes structural and organizational editing with regard to character development, plot, exposition, dialogue, and other critical literary elements. Nonfiction books may also need additional levels of reorganization or rewriting for clarity and logical flow, along with other important aspects beyond simple copyediting.
A manuscript should be noticed for its content and quality. Being noticed for wrong word choices, fuzzy thinking, convoluted sentence structure, stiff and unrealistic dialogue, and point of view flip-flops is not the way to win friends and influence people.
In short, the final part of the writing process is having a professional book editor and proofreader (not your neighbors or your kid's English teacher) polish the manuscript before it's offered to an agent or publisher.

No editor can guarantee publication, but if you want your work to have the best chance of being read and considered seriously--and if you are open to other opinions about your work--we'll be glad to help you work toward that goal.
Provide information reasonably sufficient to permit Google to contact you (email address is preferred).

Provide information, if possible, sufficient to permit Google to notify the owner/administrator of the web page that allegedly contains infringing material (email address is preferred).
Registrar whois lookup (whois.godaddy.com) Registrant:
MagicGraphix.com
[private]
West Fork, Arkansas 72774
United States

Registered through: GoDaddy.com
Domain Name: MAGICEDITING.COM
Created on: 13-Jul-03
Expires on: 13-Jul-06
Last Updated on: 13-Jun-05

Administrative Contact:
[Private] [private]@magicgraphix.com MagicGraphix.com
[private]
West Fork, Arkansas 72774
United States
[private] Fax -‑
Technical Contact:
[Private] [private]@magicgraphix.com
MagicGraphix.com
[private]
West Fork, Arkansas 72774 United States
[private] Fax -‑

I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.

I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

I request that www.magiceditinq.com and other sites that you might find with my material, verbatim or paraphrased, be removed from the Google index.

[Signature]
[Private]
www.book-editing.com
www.manuscriptediting.com
www.writingnetwork.com

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FAQ: Questions and Answers

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

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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Question: What rights are protected by copyright law?

Answer: The purpose of copyright law is to encourage creative work by granting a temporary monopoly in an author's original creations. This monopoly takes the form of six rights in areas where the author retains exclusive control. These rights are:

(1) the right of reproduction (i.e., copying),
(2) the right to create derivative works,
(3) the right to distribution,
(4) the right to performance,
(5) the right to display, and
(6) the digital transmission performance right.

The law of copyright protects the first two rights in both private and public contexts, whereas an author can only restrict the last four rights in the public sphere. Claims of infringement must show that the defendant exercised one of these rights. For example, if I create unauthorized videotape copies of Star Trek II: The Wrath of Khan and distribute them to strangers on the street, then I have infringed both the copyright holder's rights of reproduction and distribution. If I merely re-enact The Wrath of Khan for my family in my home, then I have not infringed on the copyright. Names, ideas and facts are not protected by copyright.

Trademark law, in contrast, is designed to protect consumers from confusion as to the source of goods (as well as to protect the trademark owner's market). To this end, the law gives the owner of a registered trademark the right to use the mark in commerce without confusion. If someone introduces a trademark into the market that is likely to cause confusion, then the newer mark infringes on the older one. The laws of trademark infringement and dilution protect against this likelihood of confusion. Trademark protects names, images and short phrases.

Infringement protects against confusion about the origin of goods. The plaintiff in an infringement suit must show that defendant's use of the mark is likely to cause such a confusion. For instance, if I were an unscrupulous manufacturer, I might attempt to capitalize on the fame of Star Trek by creating a line of 'Spock Activewear.' If consumers could reasonably believe that my activewear was produced or endorsed by the owners of the Spock trademark, then I would be liable for infringement.

The law of trademark dilution protects against confusion concerning the character of a registered trademark. Suppose I created a semi-automatic assault rifle and marketed it as 'The Lt. Uhura 5000.' Even if consumers could not reasonably believe that the Star Trek trademark holders produced this firearm, the trademark holders could claim that my use of their mark harmed the family-oriented character of their mark. I would be liable for dilution.

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Question: What is copyright infringement? Are there any defenses?

Answer: 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.

Book-editing site complains of paraphrase

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