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 Chilling Effects Clearinghouse > DMCA Safe Harbor > Notices > Content Infringement Notice (NoticeID 2122, http://chillingeffects.org/N/2122) Printer-friendly version

July 06, 2005

 

Sender Information:
ArticleInsider.com
Sent by: [Private]
Infosearch Media, Inc.
Marina Del Rey, CA, 90292, US

Recipient Information:
DMCA complaints
Google, Inc.
Mountain View, CA, 94043, USA


Sent via: fax
Re: Content Infringement Notice

Content Infringement Notice
Attn: DMCA complaints
On behalf of
ArticleInsider.com
7/6/2005
Contact Info:
Infosearch Media, inc. [private]
Marina Del Rey, CA 90292
Phone: [private] Fax: [private]
Attn: [private] at [private]@infosearchmedia.com

Incident#1
The copyrighted work at issue is the article "Deciding What Matters Most" by James Bruce posted on the Article Insider web site at http://motorcycles.articleinsider.com/11201_dot_helmet.html
Search Query: "To legally display the Dot insignia, all helmets must meet the same requirements." Infringing Web Pages: http://www.proz.com/?sp=h&id=672487
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: N/A
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.
Signature
Fax to: [private]

Incident#2
The copyrighted work at issue is the article "Finding the Best Luggage" by Anthony Tedesco posted on the Article Insider web site at http://luggage.articleinsider.com/46256_best_luggage.html
Search Query: "So many companies claim to produce the best luggage available, but this can surely not be true." Infringing Web Pages: http://www.buy-furniture.org/articles/luggage.htm
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: N/A
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.
7. Signature
8. Fax to: [private]

Incident#3
The copyrighted work at issue is the article "Netpack Duffel Bags--Innovative Designs" by Erwann Marshall posted on the Article Insider web site at http://luggage.articleinsider.com/198817_netpack.html
Search Query: "Although Netpack offers a variety of luggage models, their duffel bags truly showcase the diverse and innovative thinking that defines the company."
Infringing Web Pages:
http://www.trunkoutlet.com/cargo_bags_soft_trunks_and_duffels
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: N/A
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.
Signature
Fax to: [private]

Incident#4
The copyrighted work at issue is the article "Coffins for Loved Ones" by Carolyn Larson posted on the Article Insider web site at http://death.articleinsider.com/122248_coffins.html
Search Query: "Coffins are crafted with workmanship, quality, and attention to detail."
Infringing Web Pages:
http://www.nationalcasketgallery.com/articles_caskets/coffins.html
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: N/A
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.
Signature
Fax to: [private]

Incident#5
The copyrighted work at issue is the article "Urns for Your Loved One" by Carolyn Larson posted on the Article Insider web site at http://death.articleinsider.com/122249_urns.html
Search Query: "The decision to be cremated may be due to personal preference." Infringing Web Pages: htto://www.nationalcasketgallery.com/articles_caskets/urns.html
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: N/A
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.
7. Signature
8. Fax to: [private]

Incident#6

The copyrighted work at issue is the article "Gravestones for Your Loved Ones" by Carolyn Larson posted on the Article Insider web site at http://death.articleinsider.com/122251_gravestones.html
Search Query: "The funeral allows us to say goodbye to the person who has died." Infringing Web Pages: http://www.nationalcasketgallery.com/articles_caskets/gravestones.html
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292
Phone: [private]
Email of infringing website: N/A
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.
Signature
Fax to: [private]

Incident#7

1. The copyrighted work at issue is the article "Discount Caskets and Your Options" by Carolyn Larson posted on the Article Insider web site at http://death.articleinsider.com/122255_discount_caskets.html
Search Query: "Metal caskets are made from lovely metals and finishes that are unique."
Infringing Web Pages:
http://www.nationalcasketgallery.com/articles_caskets/discount-caskets.html
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: N/A
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.
Signature
Fax to: [private]
Incident#8
The copyrighted work at issue is the article "Granite Headstones for Special Memories" by Carolyn Larson posted on the Article Insider web site at http://death.articleinsider.com/122257_granite_headstones.html
Search Query: "A funeral is a ritual where people say goodbye to their family member that has departed from this life."
Infringing Web Pages:
http://www.nationalcasketgallery.com/articles_caskets/granite-headstones.html
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: N/A
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.

7. Signature
8. Fax to: [private]

Incident#9
The copyrighted work at issue is the article "Find a Casket Store that Will Provide You with Quality and Beauty" by Carolyn Larson posted on the Article Insider web site at http://death.articleinsider.com/122259_casket_store.html
Search Query: "When you are viewing caskets, look at some Batesville caskets." Infringing Web Pages: http://www.nationalcasketgallery.com/articles_caskets/casket-store.html
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: N/A
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.
Signature
Fax to: [private]

Incident#10

1. The copyrighted work at issue is the article "Bronze Markers for Remembrance" by Carolyn Larson posted on the Article Insider web site at http://death.articleinsider.com/122270_bronze_markers.html
Search Query: "Grave markers can be designed with many beautiful fixtures such as vases and nameplates."
Infringing Web Pages:
http://www.nationalcasketgallery.com/articles_caskets/bronze-markers.html
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: N/A
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.
Signature
Fax to: [private]

Incident#11

1. The copyrighted work at issue is the article "Gravemarkers That Embody Beauty" by Carolyn Larson posted on the Article Insider web site at http://death.articleinsider.com/122272_gravemarkers.html
Search Query: "Gravemarkers provide us with an opportunity to say something special about the person we have lost."
Infringing Web Pages:
http://www.nationalcasketgallery.com/articles_caskets/gravemarkers.html
My email: [private]@infosearchmedia.com
Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292
Phone: [private]
Email of infringing website: N/A
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.
Signature
Fax to: [private]

Incident#12

1. The copyrighted work at issue is the article "Batesville Casket Co and Your Plans" by Carolyn Larson posted on the Article Insider web site at http://death.articleinsider.com/122273_batesville_casket_co.html
Search Query: "Batesville Casket Co supplies funeral homes with many types of caskets, solid wood caskets, and headstones."
Infringing Web Pages:
http://www.nationalcasketgallery.com/articles_caskets/batesville-casket-co.html
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: N/A
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.
Signature
Fax to: [private]

Incident#13
The copyrighted work at issue is the article "Buy Caskets for Peace of Mind" by Carolyn Larson posted on the Article Insider web site at http://death.articleinsider.com/122274_buy_caskets.html
Search Query: "When looking at caskets to purchase you will find a wide range of designs, materials, and options to choose from."
Infringing Web Pages:
http://www.nationalcasketgallery.com/articles_caskets/buy-caskets.html
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: N/A
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.
Signature
Fax to: [private]

Incident#14
The copyrighted work at issue is the article "Grave Monuments for Your Loved Ones" by Carolyn Larson posted on the Article Insider web site at http://death.articleinsider.com/122275_grave_monuments.html
Search Query: "This convenience does not only cut down on traffic, conserve gas, and wear and tear on our nerves."
Infringing Web Pages:
http://www.nationalcasketgallery.com/articles_caskets/grave-monuments.html
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: N/A
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.
Signature
Fax to: [private]

Incident#I5
1. The copyrighted work at issue is the article "Funeral Markers for Tribute" by Carolyn Larson posted on the Article Insider web site at http://death.articleinsider.com/122276_funeralmarkers.html
Search Query: They can suggest to you what size and style will be appropriate for the cemetery where your loved one is being buried."
Infringing Web Pages:
http://www.nationalcasketgallery.com/articles_caskets/funeral-markers.html
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: NIA
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.
Signature
Fax to: [private]

Incident#16

1. The copyrighted work at issue is the article "Selecting from Designs of Headstones" by Carolyn Larson posted on the Article Insider web site at http://death.articleinsider.com/122246_headstones.html
2. Search Query: "Headstones can be engraved with drawings, names, dates, bible verses, and quotations."
Infringing Web Pages:
http://www.nationalcasketgallery.com/articles_caskets/headstones.html
1 My email: [private]@infosearchmedia.com
Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: N/A
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.
Signature
Fax to: [private]

Incident#17

1. The copyrighted work at issue is the article "Pick and Inscribe Tombstones" by Carolyn Larson posted on the Article Insider web site at http://death.articleinsider.com/122247_tombstones.html
Search Query: "The epitaph usually contained of the person's name, condition of the deceased, and a short prayer."
Infringing Web Pages:
http://www.nationalcasketgallery.com/articles_caskets/tombstones.html
3. My email: [private]@infosearchmedia.com
Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing web site: N/A
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.
Signature
Fax to: [private]

Incident#18
The copyrighted work at issue is the article "Finding Motorcycle Alarm Systems Online" by Staff Writer posted on the Article Insider web site at http://motorcycles.articleinsider.com/77298_motorcycle_alarm_systems.html
Search Query: "Quality motorcycle alarm systems will protect your motorcycle if anyone tries to tamper with it." Infringing Web Pages: http://www.motorcycleonlinestore.com/alarms
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: N/A
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.
Signature
Fax to: [private]

Incident#19
The copyrighted work at issue is the article "Finding Motorcycle Alarm Systems Online" by Staff Writer posted on the Article Insider web site at http://motorcycles.articleinsider.com/77298_motorcycle_alarm systems.html
Search Query: "Quality motorcycle alarm systems will protect your motorcycle if anyone tries to tamper with it." Infringing Web Pages: http://www.motorcycleonlinestore.com/alarms?b=1
My email: bill @infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: 800-3884680
Email of infringing website: N/A
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.
Signature
Fax to: [private]

Incident#20
The copyrighted work at issue is the article "What Memphis Shades Have to Offer" by Michael O'Brien posted on the Article Insider web site at http://motorcycles.articleinsider.com/61530_memphis_shades.html
Search Query: "Just like you need a good pair of sunglasses to guard your eyes from glare, it's also important for the windshield on your bike to provide similar protection."
Infringing Web Pages:
http://www.motorcvcleonlinestore.com/memphis_shades?b=1
My email: [private]@infosearchmedia.com Address: Infosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: NIA
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.
Signature
Fax to: [private]


Incident#21

The copyrighted work at issue is the article "Shopping for Motorcycle Chains Online" by Michael O'Brien posted on the Article Insider web site at http://motorcycles.articleinsider.com/61538_motorcycle_chains.html
Search Query: "Shopping for chains or any other motorcycle accessories online is not only smart, but very practical as well." Infringing Web Pages: http://www.motorcycleonlinestore.com/chain1
3. My email: [private]@infosearchmedia.com
Address: lnfosearch Media, Inc. [private] Marina Del Rey, CA 90292 Phone: [private]
Email of infringing website: N/A
I have a good faith belief that use of die 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.
7. Signature
8. Fax to: [private]

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FAQ: Questions and Answers

[back to notice text]


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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