Penis Information Siteowner Asks Google to Remove Allegedly Infringing Site -- Chilling Effects Clearinghouse

09/11/2002 WED 01:02 FAX GOOGLE INC 001/009

[Private]
[Private], Scarborough WA 6019, Australia
Tel: [Private] mail: [Private]

28/8/2002

DMCA Complaints
Google
[private]
Mountain View
CA 94043, USA

Dear Sir/Madam,

Please find enclosed two documents being hard copies of 1) a site (www.alt-
penis.com) infringing the copyright of our site and 2) whois information for this
infringing website.

I am the proprietor of the site www.altpenis.com making this complaint against the
site www.alt-penis.com.

The copyrighted work at issue is the whole of our site (www.altpenis.com). The
infringing site (www.alt-penis.com) appears to have taken our entire site and
replicated it in its entirety with the addition of their own banner ad on each page (the
banner ad clicks through to http://www.penisenlargementfacts.com/drwhitehead/ who
appears to be the sole beneficiary of this blatant rip-off).

The infringing site can be found using the search term "site:www.alt-penis.com'.

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 this notification is accurate
and that I am the copyright owner of an exclusive right that is allegedly infringed.

Regards,

[Private]

09/11/2002 WED 01:02 FAXGOOGLE INC

PENIS
www.altpenis.com

Welcome to altPENIS.com!
Your best resource for penis news, information and
discussion. You'll find the latest knob news right here
- penis enlargement, impotency, Viagra, penis size,
STDs, sex drive, jelqing, prostate health - if its to do
with the penis, it'll be at alt.PENIS!

Surgical Penis Enlargement!
Did you know it was possibie?

The Latest Penis News

5 August 2002
Viagra And Nosabloods Linked?
Severe nosebleeds following Viagra enhanced
sexual activity may be related to the parts of
the nose that contain erectile tissue...

1 August 2002
Low Sex Drive Linked To Snoring
Men who suffer from obstructive sleep apnea -
the inability to breathe properly during sleep -
produce lower levels of testosterone, resulting
in decreased libido and sexual activity...

29 July 2002
Better Male Hormone Replacement
Methods Needed
Better methods of delivering hormone
replacement therapy to men are needed to
make it more acceptable to patients_

25 July 2002
Hormone Drug Linked To Male
Genital Disorder
Hypospadias - a male genital disorder - could
be more common among boys born to mothers
who were exposed to a synthetic hormone
withdrawn from use in the late 1970s...

22 July 2002
Testosterone Benefits Older Men's
Brains
Older men with higher testosterone levels
performed better on tests of cognition
suggesting that older men who take
testosterone supplements may reduce their risk
of cognitive decline and Alzheimer's disease...

http://www.alt-penis.com -- infringing

Penis Size Survey
How Does Your Penis
Measure Up?
How big is the average
penis? Enter your penis size
and see how you compare in
our ongoing penis Size
survey.

Natural Penis Enlargement

A Program Run By
Specialists
The only non-surgical penis
enlargement procedures we
recommend. Natural
exercises. -- and it's
guaranteed.
There's a big difference in
the length and width of his
cock already. Thank you!"
JENNIFER

Subject Index
Adolescence
AIDS/HIV
Male Infertility
Impotence
Penis Size & Penis
Enlargement
Prostate Health
Sexuality

Penis Enlargement Articles

Jelqing
Penis Enlargement
Surgery
Penis Enlargement
Pills
Recommended Penis
Enlargement
Websites
Penis Enlargement
FAQ

29/08/2002

09/11/2002 WED 01:03 FAX GOOGLE INC

18 July 2002
Smoking Damages Sperm DNA
Scientists say that smoking alters the DNA of
sperm and they believe this hampers the
development of the fertilized embryo...

15 July 2002
Growth Hormone Fights HIV
Growth hormone appears to stimulate the
production of T cells - vital for a healthy
immune system - in HIV-infected patients---

11 July 2002
Viagra Builds New Brain Cells
Viagra, a drug used for impotence, has been
found to reduce the effects of stroke and
neurological impairment in the brains

(sic) laboratory animals...

8 July 2002
Drug-Resistant HIV On The Rise
A rising number of Californians are being
infected with HIV that is already resistant to
some classes of antiretroviral drugs...

4 July 2002
Environment Affecting Sperm
Scientists have found the first evidence that
oestrogens from the environment, and also
ones that occur naturally in our bodies,
significantly affect the fertilising ability of
sperm...

The News Article Archive

Our News Archive
Browse the full list of
altPENIS articles to find the
information you want -
impotence, penis size, penis
enlargement, sexual health
and more.
Other Websites
Penis Links
A variety of penis related
websites and perfect penis
paraphernalia (sic) for your penile
perusal.

Penis Provisions
8
Viagra
Buy Viagra, Propecia, Meridia and
Xenical online with best prices and
service.
Penis Owner's Manual
Everything you wanted to know
about your penis.
Sports Underwear
Jock straps, suspensory briefs,
thongs.
Evidence Eliminator
Don't risk it. Eliminate incriminating
or embarrassing material on your PC.
Condoms!
Condoms, lubes and safe-sex info.
Pheromone Sexual Attractaht
Powerful pheromone attractant for
men and women.

Excerpts From Our Most Requested News Articles

Natural Penis Enlargement & The Jelq
Penis enlargement can supposedly be traced back to ancient times, when Arabic
fathers would prepare their sons for marriage by using a technique called jelqing
which increased the size of the penis. Some claim that jelqing exercises resulted in
penis size increases of up to 18"! Penis size increases of this nature are dubious and
whether this is where jelqing got its name is debatable but the term jelqing has
come to be used for a range of natural penis enlargement exercises, Europeans are
credited with the popularization of natural penis enlargement, with variations on the
jelq technique...

Diet & Exercise Can Inhibit Prostate Cancer
A high-fat diet and sedentary lifestyle may predispose men to prostate cancer
through effects on serum factors such as hormones. The Pritikin low-fat, high-fiber

http://Www-alt-penis.com/

003/009

29/09/2002

09/11/2002 WED 01:03 FAX GOOGLE INC 004/009

diet and exercise program, on the other hand, may reduce the risk of clinical
prostate cancer, says R. James Barnard, Ph.D. Dr. Barnard, of the Department of
Physiological Science and the UCLA Division of Clinical Nutrition, Department of
Medicine, will present evidence that links a low-fat diet and exercise to reduced
prostate cancer cell growth at the 2000 American Physiological Intersociety,
Meeting...

Pheromone Study identifies Powerful Sexual Attractant
In the pheromone study, one subject reported she engaged in kissing and petting
about one day a week before taking part in the experiment. However, after wearing
the pheromone, the number increased to nearly six times a week. The woman also
reported she slept next to a romantic partner and engaged in sexual intercourse four
nights a week while wearing the pheromone compared to less than one night a week
when she did not wear the pheromone...

Penis Enlargement Research Results Released
Darren Beale, proprietor of Penis Health, says he was fed up with what he called
"all the nonsense that passes for fact on penis enlargement websites." Last year,
Beale set out to change that by commissioning a detailed study amongst fifty
randomly selected members of a natural penis enlargement (jelqing) program. Beale
says that his penis enlargement program is the first to sponsor research into the
effectiveness of its jelqing techniques. Subscribers were asked to complete two
surveys - one prior to commencing the penis enlargement program - and one on
completion of the penis enlargement program. Results from the survey make
interesting reading as to what results men can really see from a penis enlargement
program. Key findings include...

Babies With Micro Penis Disorder Happier When Raised Male
Genetically and physically male babies born with a condition called "micropenis"
are more likely to achieve psychological and sexual well-being in adulthood if
raised male, according to a new study by researchers at Johns Hopkins and three
other centers. Their report in this month's Hormone Research is the first
comprehensive, long-term study examining psychological and sexual outcomes for
both men and women. People born with a micropenis and raised as girls said they
identified solidly with their female gender, but only 20 percent of the women said
they were satisfied with their genitalia- In contrast, 50 percent of men, some of
whom had attained normal penis length with the help of testosterone replacement,
said they were satisfied with their genitalia...

Why Do You Want To Enlarge Your Penis?
Many penis enlargement sites pronounce the average penis size as "small". You
should not embark on a penis enlargement program simply because a website tells
you that your penis is too small. Any penis that is more or less average size does not
need to be enlarged to provide pleasure in either a straight or gay relationship. If
your penis is of an average size then there is absolutely no reason to undertake a
penis enlargement program...

Penis Enlargement Pills For A Bigger Penis?
Pills and capsules that claim to enlarge the penis are a hot topic at the moment.
Going under names like Longitude, Vig RX, Enzyte and Extend, the manufacturers
of these herbal penis enlargement preparations claim they can increase the size of
the penis by up to 50%. The ingredients of these penis enlargement preparations

09/11/2002 WED 01:04 FAX GOOGLE INC 005/009

vary, usually including a number of herbs and vitamins- The active ingredient in
most of these preparations is Yohimbine. Yohimbine has been the subject of several
studies with laboratory animals. In rats, Yohimbine was found to boost the sex
drive, hence its reputation as being an aphrodisiac as well...

Genital Size Obsession Affecting More Men
Although women are usually more dissatisfied with their body appearance than
men, a new study has found that men are as likely as women to seek help for the
image obsession known as body dysmorphic disorder- Differences between the
genders centered mainly on the body part that was of concern to the patient While
men were often concerned with body build, hair loss and the size of genitals,
women focused on weight and hips and the condition of their skin- These
differences led to variations in the way the patients handled their perceived flaws---

Viagra Builds Now Brain Celia
Viagra, used for erectile dysfunction and one of the most frequently prescribed
medications in the United States, has been found to reduce the effects of stroke in
laboratory animals. "What we found is that we can use drugs like Viagra to create
new brain cells," said M Chopp, Ph.D.. (sic) "And these cells are created in both elderly
as well as young subjects. When animals with stroke are treated with Viagra, the
drug provides very significant neurological functional benefit. These animals do
much better on many different outcome, measures, including motor function,
somatogensory testing, neurological outcome and weight gain, There are far fewer
functional deficits. We can treat with Viagra days after stroke and there is a
significant induction of new brain cells," said Chopp...

Penis Research Offers Erection Hope
Researchers a decade ago discovered that release of nitric oxide from nerve endings
in the penis caused erection, but the temporary release of nitric oxide - a
neurotransmitter that survives just a few seconds before breaking down - couldn't
explain how erections are naturally sustained over time. "Once blood starts flowing
into the penis, the source of nitric oxide in the blood vessels is continuously
activated so that more nitric oxide is released, more tissue relaxes, more blood
comes in and a sustained erection is achieved," researcher Burnett says. This series
of events, Burnett says, begins when erotic thoughts or physical sensations produce
nitric oxide release in nerve endings in the penis. Nitric oxide is a relaxant that
allows blood vessels to open up or dilate, bringing increased blood flow and
swelling of tissues...

Americans Sex Mad
A sex survey shows Americans to have huge sexual appetites - having sex more
often and with more partners than any other nationality. The survey says that the
majority of Americans lost their virginity at 16 years of age whilst the global
average was 18. The people that keep their virginity the longest are the Chinese.
where the average age for the first sexual experience was 22...

Boys Reaching Puberty Earlier
Researchers found that between their ninth and tenth birthdays, 4.3% of caucasian
boys, 21% of black boys and 3.3% of Mexican/American boys showed pubic hair
development. Like genital growth, pubic hair development results from the natural,
genetically programmed boost in production of male hormones, but environmental
factors may play a role. The research suggests US boys may be beginning puberty

http://www.alt-penis.com/ 29/08/2002

09/11/2002 WED 01:04 FAX GOOGLE INC 006/009

up to a half year earlier than previous research indicated. This is based on the onset
of pubic hair growth, assessment of which is less subjective than that of testicular
growth. The difference could be greater if the genital findings are accurate...

Exposure To DDT, PCBs May Affect Body Size At Puberty
A study by the National Institute of Environmental Health Sciences reveals that a
mother's background exposure to DDE (a product of the insecticide DDT) and
PCBs (a banned liquid electrical insulator) may increase the size of her children at
puberty. The study followed up the teen children of women whose blood and milk
levels of PCBs and DDE samples had been measured by NIEHS in a North
Carolina study of expectant and new mothers between 1978 and 1982. Height of
boys at puberty, and their weight adjusted for height increased with higher prenatal
exposure to DDE. Girls with the highest prenatal PCB exposures were heavier for
their heights than other girls, but this result was statistically significant only in
white girls...

Adolescent Sexual Behavior Linked To Self Esteem
Self-esteem plays an apparent role in the loss of virginity among adolescents,
according to a study by researchers at the Indiana University School of Medicine.
Self-esteem had opposite effects on young girls and young boys. Young girls with
high self-esteem were less likely to engage in early sexual activity, while young
boys with high self-esteem were more likely to report being sexually active. Results
indicated that boys with high self-esteem were 2.4 times more likely to initiate
intercourse than their peers with low self-esteem. High self-esteem had the opposite
influence on girls, who reportedly were three times more likely to remain virgins
than girls with low self-esteem...

| PENIS SIZE SURVEY | LINKS OTHER WEBSITES |
| NEWS ARTICLE ARCHIVE | TERMS OF USE | CONTACT US |

PENIS ENLARGEMENT RESOURCES
| PENIS ENLARGEMENT FAQ |
| PENIS ENLARGEMENT WEBSITE REVIEWS |
| PENIS ENLAROEMENT PILLS |
| OVERVIEW OF PENIS ENLARGEMENT SURGERY |
| JELQING RESEARCH | THE JELQ |

MALE HEALTH SUBJECT INDEXES
| ADOLESCENCE | AIDS/HIV | MALE FERTILITY |
| PENIS SZE & PENIS ENLARGEMENT |
| PROSTATE HEALTH | SEXUALITY | IMPOTENCE |

<<<<>>>>
Copyright altPENIS 2000
Pics Copyright Corel, Hemera 1996, 1997

http://www-alt-penis-com/ 29/08/2002

Better-Whois.com
SEARCH ALL DOMAIN REGISTRARS
alt-penis.com
Reserved

...................................
Did you know that ALT-PENMUS may now be available?

It is now possible to register.US domain names. .US domais work just like .com
names and are now available.

If you are located in the U.S., consider registering the US variation of your domain
name to protect yourself from cybersquatters and to specifically attract U.S. visitors.

Click here to check availability for ALT-PENIS.US

Domain names In the .com, .net, and, .org domains can now be registered
wIth many different competing registrars. Go to http://www.internic.net
for detailed information, Domain Name:ALT-PENIS.COM
Registrar TUCOWS, INC.
whois server: whois.opensrs.net
Referral URL; http://www.opensrs.org
Name Server: NS1.RASK.GOM
Name server: NS2.RASK.COM
Updated Date: 11-dec-2001
The Registry database contains ONLY .COM, .NET, .ORG, .EDU domains and
Registrars.

.............................................
Special Report: Have you protected ALT-PENIS.COM from cybersquatters?
--------

[rr-N1-tor.opensrs.net]
Registrant:
[Private]
[Private]
Seminole, FL 33770
US

Domain Name: ALT-PENIS.COM

Administrative Contact:
[Private]
[Private]
Seminole, FL 33776
US
727 517 2000

Technical Contact:
[Private]
[Private]
Seminole, FL 33776
US
727 517 2000

http://www.betterwhois.com/bwhois.cgi?domain=alt-penis.com 29/08/2002

09/11/2002 WED 01:05 FAX GOOGLE INC 009/009

Registrar of Record: TUCOWS, INC.
Record last updated on 20-Mar-2002.
Record expires on 17-Dec-2002.
Record Created on 17-Dec-2000.

Domain servers in listed order:
NS1.RASK.COM 209.217.52.190
NS2.RASK.COM 209.217.52.191

The Data in the Tucows Registrar WHOIS database is provided to you by Tucows
for information purposes only, and may be used to assist you in obtaining
information about or related to a domain name's registration record.

Tucows makes this information available "as is," and does not guarantee its
accuracy.

By submitting a WHOIS query, you agree that you will use this data only for
lawful purposes and that, under no Circumstances will you use this data to:
a) allow, enable, or otherwise support the transmission by e-mail,
telephone, or facsimile of mass, unsolicited, commercial advertising or
solicitations to entities other than the data recipients own existing
customers; or (b) enable high volume, automated, electronic processes that
send queries or data to the systems of any Registry Operator or
ICANN-Accredited registrar, except as reasonably necessary to register

domain names or modify existing registrations.

The compilation, repackaging, dissemination or other use of this Data is
expressly prohibited without the prior written consent of Tucows.

Tucows reserves the right to terminate your access to the Tucows WHOIS
database in its sole discretion, including Without limitation, for excessive
querying of the WHOIS database or for failure to otherwise abide by this
policy.

Tucows reserves the right to modify these terms at any time.

By submitting this query, you agree to abide by these terms.

NOTE: THE WHOIS DATABASE IS A CONTACT DATABASE ONLY. LACK OF A DOMAIN
RECORD DOES NOT SIGNIFY DOMAIN AVAILABILITY-

......................................... ........ ........ I ..

http://www.betterwhois.com/bwhois.cgi?domain=alt-penis.com 29/08/2002

image

FAQ: Questions and Answers

[back to notice text]

Question: What is the Digital Millennium Copyright Act?

Answer: The DMCA, as it is known, has a number of different parts. One part is the anticircumvention provisions, which make it illegal to "circumvent" a technological measure protecting access to or copying of a copyrighted work (see Anticircumvention (DMCA)). Another part gives web hosts and Internet service providers a "safe harbor" from copyright infringement claims if they implement certain notice and takedown procedures (see DMCA Safe Harbor).

[back to notice text]

Question: What defines a service provider under Section 512 of the Digital Millennium Copyright Act (DMCA)?

Answer: A service provider is defined as "an entity offering transmission, routing, or providing connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received" or "a provider of online services or network access, or the operator of facilities thereof." [512(k)(1)(A-B)] This broad definition includes network services companies such as Internet service providers (ISPs), search engines, bulletin board system operators, and even auction web sites. In A&M Records, Inc. v. Napster Inc., the court refused to extend the safe harbor provisions to the Napster software program and service, leaving open the question of whether peer-to-peer networks also qualify for safe harbor protection under Section 512.

There are four major categories of network systems offered by service providers that qualify for protection under the safe harbor provisions:

Conduit Communications include the transmission and routing of information, such as an email or Internet service provider, which store the material only temporarily on their networks. [Sec. 512(a)]
System Caching refers to the temporary copies of data that are made by service providers in providing the various services that require such copying in order to transfer data. [Sec. 512(b)]
Storage Systems refers to services which allow users to store information on their networks, such as a web hosting service or a chat room. [Sec. 512(c)]
Information Location Tools refer to services such as search engines, directories, or pages of recommended web sites which provide links to the allegedly infringing material. [Sec. 512(d)]

[back to notice text]

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.

[back to notice text]

Question: What does a "Whois" record say about domain name ownership?

Answer: The Whois record lists the name of the person or entity who is listed as the owner of record of the domain name. The information supplied, however, may not be strictly accurate.

[back to notice text]

Question: How can I find out whether a work has a registered copyright?

Answer: Works are copyrighted as soon as they are "fixed in a tangible medium of expression," but some legal rights and remedies are available only if the work's copyright is registered. To find a copyright registration, you may search copyright records at the Copyright Office website, but be aware that not finding a match does not mean the work is uncopyrighted.

[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: 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.

[back to notice text]

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

[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)]

[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.

[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 rights are protected by copyright law?

Penis Information Siteowner Asks Google to Remove Allegedly Infringing Site

image

Topic maintained by Chilling Effects