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 Chilling Effects Clearinghouse > DMCA Notices > Notices > DMCA (Copyright) Complaint to Twitter (NoticeID 725583, http://chillingeffects.org/N/725583) Printer-friendly version

DMCA (Copyright) Complaint to Twitter

December 05, 2012

 

Sender Information:
On Press Inc
Sent by: [Private]
Onwer

Salinas, CA, 93906, US

Recipient Information:

Twitter


San Francisco, CA, 94107, USA


Sent via: online form
Re: Infringement Notification via Twitter Complaint

DMCA Takedown Notice:

Reporter: I am the copyright owner.
Copyright Owner:
Name: [redacted]
Company: On Press Inc
Job title: Onwer

City: Salinas
State/Province: CA
Country: USA
-------

Reported Twitter account: @heatherrmarie5

Reported material on Twitter: Other

Description of original work: The reported Twitter users has illegally posted and infringed on my copyright of " Tongues Made of Glass" a Poem by the Poet Shaun Shane from his collection " A Poem Is Nothing" ISBN 9781467522618 page 13, published by On Press Inc. And I ( The owner of On Press Inc. ) maintain and own all rights to it's coppyright. Here is the text of the poem from Shaun Shane's collection "A Poem Is Nothing " page13 :
if only
our tongues
were made
of glass

how much
more careful
we would be
when we
speak
In addition here is a link to an legal online posting of Shaun Shane's Poem "Tongues Made of Glass" : http://www.poemhunter.com/poem/04-tongues-made-of-glass/
this posted must removed immediately. On Press Inc

Description of infringement: These links are to Twitters Users who have infringement upon our copyright in the last 24 hours.All must be removed: Here are the links to their illegal post of our copyrighted work: https://twitter.com/heatherrmarie5/status/275646408852389888
https://twitter.com/alyssa_alston/status/275645645744914432
https://twitter.com/AnaRoseGarden/status/275643760522711041
https://twitter.com/SaudDaraani/status/275637515262754816
https://twitter.com/DNDNA79/status/275605843343450112
https://twitter.com/araaangio/status/275599347998158848
https://twitter.com/AlMulla_MA/status/275577265935491073
https://twitter.com/TheeAbdulla/status/275572142949687296
https://twitter.com/Damnhetatted2/status/275504678471610368
https://twitter.com/amyswagtothemax/status/275498067761958912
https://twitter.com/ClaSsyyKayy/status/275493487154196480
https://twitter.com/breonnaxoxo/status/275493061755273217
https://twitter.com/co_rry/status/275492421582852097
https://twitter.com/CountMeInID/status/275491342199693312
https://twitter.com/Kassiebrugmann/status/275478085443399680
https://twitter.com/yungrayman1/status/275475575802589184
https://twitter.com/KarsynVroom/status/275474444863021056
https://twitter.com/ceciirg/status/275471049984995328
https://twitter.com/venicetamayo_/status/275466997989535744
https://twitter.com/RachelBarry0762/status/275464124866129921
https://twitter.com/melindeeezy/status/275462697246674944
https://twitter.com/iGalivant/status/275461678014029825
https://twitter.com/jennamackabitch/status/275460184971829248
https://twitter.com/Meg_E_Martinez/status/275456191642087426
https://twitter.com/JayeGotTheJuice/status/275444588183945217
https://twitter.com/mandyyyydyerrrr/status/275421128497979392
https://twitter.com/CodiElizabeth_/status/275420572635254784
https://twitter.com/Danii_East/status/275411012931424256
https://twitter.com/jusscallme_umpa/status/275410994199658496
https://twitter.com/RobiCrespo98/status/275406356377378816
https://twitter.com/babsorummy/status/275381287164993536
https://twitter.com/abumusty1/status/275379821415112705
https://twitter.com/JordanRousu/status/275370950160171008
https://twitter.com/kenneal29/status/275370769377284096
https://twitter.com/FMihyar/status/275335258273112065
https://twitter.com/cyndi_deville/status/275332543102976000
https://twitter.com/HodoLorenzo/status/275311691393277952


-------

512(f) Acknowledgment: I understand that under 17 U.S.C. § 512(f), I may be liable for any damages, including costs and attorneys' fees, if I knowingly materially misrepresent that reported material or activity is infringing.

Good Faith Belief: I have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

Authority to Act: The information in this notification is accurate, and I state under penalty of perjury that I am authorized to act on behalf of the copyright owner.

Signature: [redacted]

 
FAQ: Questions and Answers

[back to notice text]


Question: Why does a user-generated content site get DMCA takedown notices for links users have posted?

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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