DMCA (Copyright) Complaint to Google -- Chilling Effects Clearinghouse

Chilling Effects Clearinghouse > DMCA Notices > Notices > DMCA (Copyright) Complaint to Google (NoticeID 1645688, http://chillingeffects.org/N/1645688)

DMCA (Copyright) Complaint to Google

April 09, 2014

Sender Information:
Reed Elsevier
Sent by: [Private]
Digimarc
US

Recipient Information:
[Private]
Google, Inc.
Mountain View, CA, 94043, USA

Sent via: online form
Re: Websearch Infringement Notification via Online Form Complaint

Google DMCA Form: Infringement Notification for Web Search

Contact Information
Name: [redacted]
Company Name: Digimarc
Copyright holder: Reed Elsevier
Country/Region: US

YOUR COPYRIGHTED WORK

Copyright claim #0:
Reed Elsevier
Differenzierung homöopathischer Kindermittel : Bewährte Arzneimittel und ihre engsten Verwandten
Original work URL(s):

Allegedly infringing URLs:
0. http://k2s.cc/file/fecd65910b5c1

Allegedly infringing URLs:
0. http://k2s.cc/file/bb3a85c899a11

Allegedly infringing URLs:
0. http://k2s.cc/file/c0ad83c0b6550

Copyright claim #3:
Myofasziale Schmerzen und Triggerpunkte : Diagnostik und evidenzbasierte Therapiestrategien
Original work URL(s):

Allegedly infringing URLs:
0. http://k2s.cc/file/88bac81ba1a82

Allegedly infringing URLs:
0. http://k2s.cc/file/bdd2a946fdafd

Allegedly infringing URLs:
0. http://k2s.cc/file/7089675baa1f7

Allegedly infringing URLs:
0. http://k2s.cc/file/279469c5eef47

Allegedly infringing URLs:
0. http://k2s.cc/file/a735abc737677

Copyright claim #8:
Atlas der gastrointestinalen Bildgebung : Gegenüberstellung: Radiologie – Endoskopie
Original work URL(s):

Allegedly infringing URLs:
0. http://k2s.cc/file/96cc3a9a9b96d

Allegedly infringing URLs:
0. http://k2s.cc/file/1d9b1063d8dd4

Allegedly infringing URLs:
0. http://k2s.cc/file/fefadd3371a81

Allegedly infringing URLs:
0. http://k2s.cc/file/332f2a8ddbe2b

Allegedly infringing URLs:
0. http://k2s.cc/file/2192555cf4156

Allegedly infringing URLs:
0. http://k2s.cc/file/0bf2a544c23b8

Allegedly infringing URLs:
0. http://k2s.cc/file/39e14c4c3f7d8

Copyright claim #15:
Rückenschmerz und Lendenwirbelsäule : Interdisziplinäres Praxisbuch - entsprechend den Nationalen Versorgungsleitlinien
Original work URL(s):

Allegedly infringing URLs:
0. http://k2s.cc/file/d878d8f1fb8e0

Allegedly infringing URLs:
0. http://k2s.cc/file/c044eb3fe0666

Allegedly infringing URLs:
0. http://k2s.cc/file/a0e862e936300

Allegedly infringing URLs:
0. http://k2s.cc/file/c99d47d80069f

Allegedly infringing URLs:
0. http://k2s.cc/file/99fce22968b69

Copyright claim #20:
Orthopädie und Unfallchirurgie : Facharztwissen nach der neuen Weiterbildungsordnung
Original work URL(s):

Allegedly infringing URLs:
0. http://k2s.cc/file/9f3229b8a8c44
1. http://k2s.cc/file/bb1ae31e56f4a

Allegedly infringing URLs:
0. http://k2s.cc/file/642281ea49c51

Allegedly infringing URLs:
0. http://k2s.cc/file/166564942bd5f

Trusted User submission.

Participants in the Trusted Copyright Removal Program have previously agreed to these
SWORN STATEMENTS

I have a good faith belief that use of the copyrighted materials described in all notifications submitted through the Program as allegedly infringing is not authorized by the copyright owner, its agent, or the law.

The information in all notifications submitted through the Program will be accurate, and I swear, under penalty of perjury, that with respect to those notifications, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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.

Topic maintained by Chilling Effects

Chilling Effects Clearinghouse - www.chillingeffects.org

disclaimer / privacy / about us & contacts