Printer peeved at appropriation of advertising prose -- Chilling Effects Clearinghouse

Recipient Information:
User Support, DMCA Complaints
Google, Inc.
Mountain View, CA, 94043, USA

They have stolen copy from several of our pages including my home page, http://www.losangelesprintingcompany.com/default.htm. I am attaching a comparison herein for your convenience.

I have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, my self, its agent, or the law.

I swear under penalty of perjury, consistent with U.S. Code Title 17, 512, that the above information in this Notice is accurate and that I am the copyright or intellectual property owner of the copy on my website.

[private]
webmaster@losangelesprintinacompany.com
[private]
[private]
Los Angeles, CA 90045
6 pages
Comparison of copy between sites
OUR ORIGINAL COPY: http://www.losangelesprintinacompany.com/default.htm Full Color Printing Specialists

You will receive the best prices and printing service in Los Angeles for quality commercial printing, as well as the printing expertise to help guide you through the sometimes-complex world of commercial color offset printing, graphic design and direct mail.
THEIR STOLEN COPY: http://www.cereusgraphic.com/index.html Full Color Printing Service Specialists
You will receive the best prices and printing service in Phoenix and the Southwest for quality commercial printing, as well as the printing expertise to help guide you through the sometimes- complex world of commercial color offset printing, graphic design and direct mail.
OUR ORIGINAL COPY: http://www.losangelesprintingcompany.com/default.htm Almost Unlimited Printing Press Options
Whether you require catalog printing, brochure printing, a pocket folder, book printing services, poster printing, flyer printing, magazine printing, bumper sticker printing, press kit printing or a presentation folder, post card printing or direct mail marketing and direct mail advertising, you will always receive the best quality, best printing pricing and printing services for offset printing in the form of the time and care we will spend with you on your next printing quote.
THEIR STOLEN COPY: http://cereusgraphics.com/index.html Unlimited Printing Options and Services
Whether you require catalog printing, brochure printing, a pocket folder, book printing services, poster printing, flyer printing, magazine printing, bumper sticker printing, press kit printing or a presentation folder, post card printing or direct mail advertising, you will always receive the best quality, best printing pricing and printing service for offset printing in the form of the time and care we will spend with you on your next printing quote.
OUR ORIGINAL COPY: http://www.losanaelesprintingcompany.com/default.htm
commercial color printing company: The color printing pros for catalog printing, brochure printing, book printing, poster printing, flyer printing, folder printing, direct mail marketing, presentation folder printing, post card printing, color printing, magazine printing, offset printing and digital printing. Let us be your first choice among printing companies when you require the best color printing company, post card printing, avery labels and all forms of label printing, full color stationary, or any other printing services that you may require.
THEIR STOLEN COPY: http://www.cereusaraphics.com/index.html
commercial color printing company. Catalog printing, brochure printing, book printing, poster printing, flyer printing, pocket folder printing, direct mail services, presentation folder printing, post card printing, color printing, printed catalogs, magazine printing, offset printing and digital printing. Let us be your first choice among printing companies when you require the best brochure company, post card printing company, poster company, book printing company, or any other printing service you may require.
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OUR ORIGINAL COPY: http://www.losangelesprintingcompany.com/default.htm
Whether you require catalog printing, brochure printing, a pocket folder, book printing services, poster printing, flyer printing, magazine printing, bumper sticker printing, press kit printing or a presentation folder, post card printing or direct mail marketing and direct mail advertising, you will always receive the best quality, best printing pricing and printing services
THEIR STOLEN COPY: http://www.cereusgraphicscom/companyinfo.html
Whether you require catalog printing, brochure printing, a pocket folder, book printing services, poster printing, flyer printing, magazine printing, bumper sticker printing, press kit printing or a presentation folder, post card printing or direct mail advertising, you will always receive the best quality, best printing pricing and printing service

We can take your direct mail promotion from graphic design through delivery to the Post Office. Let us expedite your next direct mail advertising project by utilizing our direct mail services. Should more than one direct mail item be part of your direct mail promotion, we will assemble, sort, stuff, box or whatever is necessary to get your printed materials in the mail.

From your direct mail design concept all the way through delivery to the post office, let us handle your next direct mail marketing project with our efficient and cost effective direct mail service. If you have more than one piece in your direct mail marketing campaign, we will assemble, sort, stuff, box .. whatever it takes to get your printed material in the mail....

... excelling in printing catalogs, brochure printing and printing postcards for direct mail marketing, and direct mail advertising, postcard printing or printing brochures for your direct mail campaign. The next time you consider printing service for direct mail advertising, benefit from our Direct Mail expertise in direct mail marketing and direct mail advertising, including Direct Mail Data Processing You will benefit from our coordinated printing service of your direct mail marketing, label printing and direct mail advertising materials, assuring you a success in your next direct mail campaign.

specializing in printing catalogs and their direct mail, brochure printing and direct mail advertising, graphic design for the printing and mailing of your direct mail campaign are specialties of ours. The next time you consider direct mail advertising, benefit from our expertise in direct mail marketing and direct mail advertising. You will benefit from our expertise in the coordinated printing and our direct mail services assuring your success in your next direct mail campaign.

.... commercial printing company who is a brochure printing company, catalog printing company and also offers book printing services. As your top choice when Searching for printing companies we will provide you with the best in press kit printing, direct mail, ....

THERE STOLEN COPY: http://wwwsereusgraphics.com/printing-capabilities.html
.... commercial color printing company who is a brochure printing company, catalog printing Company and also offers book printing services. As your top choice when searching for printing companies we will provide you with the best in press kit printing, printed catalogs, direct mail advertising ..
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OUR ORIGINAL COPY: http://www.losangelesprintingcompany.com/default.htm
A Los Angeles commercial color printing company:.... catalog printing, brochure printing, book printing, poster printing, flyer printing, folder printing, direct mail marketing, presentation folder printing, post card printing, color printing, magazine printing, offset printing and digital printing. Let us be your first choice among printing companies when you require the best color printing company, post card printing, avery labels and all forms of label printing, full color stationary, or any other printing services that you may require.
THEIR STOLEN COPY: http://www.cereusgraphics.com/company.info.html
commercial color printing company Catalog printing, brochure printing, book printing, poster printing, flyer printing, pocket folder printing, direct mail services, presentation folder printing, post card printing, color printing, printed catalogs, magazine printing, offset printing and digital printing. Let us be your first choice among printing companies when you require the best brochure company, post card printing company, poster company, book printing company, or any other priming service you may require.
OUR ORIGINAL COPY: http://www.losangelesprintingcompany.com/printing.html
__ commercial printing company who is a brochure printing company, catalog printing company and also offers book printing services. As your top choice when searching for printing companies we will provide you with the best in press kit printing, direct mail, offset printing and digital printing and the best printing service that our color printing pros can offer.
THEIR STOLEN COPY: http://www.cereusgraphics.com/printing-capabilities.html

....commercial color printing company who is a brochure printing company, catalog printing company and also offers book printing services. As your top choice when searching for printing companies we will provide you with the best in press kit printing, printed catalogs, direct mail advertising, and all forms of offset printing and digital printing within the printing service that we offer
OUR ORIGINAL COPY: http://www.losangelesprintingcompany.com/design.html

... commercial Color printing company and graphic design company that specializes in graphic design for printing, logo design, catalog design and brochure design. When you require a graphic designer or are searching for a design company los angeles chose the premier graphic design firm: Los Angeles Printing Company and benefit from our premier logo creator and designer staff. Benefit by choosing the epitome of design firms in Los Angeles. When it comes to graphic design in los angeles among design firms to chose allow our design firm to handle your requirements with the utmost of professionalism and creativity
THEIR STOLEN COPY: http://www.cereusgrapbics.com/Creative-services.html

... commercial color printing company and Website Design Company that specializes in website design. When you require a website designer or are searching for a web site design company, chose the premier website design firm: Cereus Graphics Printing Company and benefit from our premier website design staff. Benefit by choosing the best of Phoenix, Arizona website design firms. When it comes to website design in Phoenix, Arizona among website design firms, choose our website design firm to handle your requirements with the utmost of professionalism and creativity.
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OUR ORIGINAL COPY: http://www.losangelesprintingcompany.com/design.html

commercial printing company who is a brochure printing company, catalog printing company and also offers book printing services. As your top choice when searching for printing companies we will provide you with the best in press kit printing, direct mail, offset printing and digital printing and the best printing service that our color printing pros can offer.

... commercial color printing company who is a brochure printing company, catalog printing company and also offers book printing services. As your top choice when searching for printing companies we will provide you with the best in press kit printing, printed catalogs, direct mail advertising, and all forms of offset printing and digital printing within the printing service that we offer.

.... commercial digital color printing company who is a brochure printing company, catalog printing company and also offers book printing services. As your top choice when searching for printing companies we will provide you with the best in press kit printing, printed catalogs, direct mail advertising, and all forms of offset printing and digital printing within the priming service that we offer
THEIR STOLEN COPY: http://www.cereusgraphics.com/printing-solutions.html

A Phoenix, Arizona commercial color printing company. Catalog printing, brochure printing, book printing, poster printing, flyer printing, pocket folder printing, direct mail services, presentation folder printing, post card printing, color printing, printed catalogs, magazine printing, offset printing and digital printing. Let us be your first choice among printing companies when you require the best brochure company, post card printing company, poster company, book printing company, or any other printing service you may require.
THEIR STOLEN COPY: http://www.cereusgraphics.com/postpress-capabilities.html
Basically an amalgam here from all our pages and style:
... commercial color printing and binding company specializing in printing catalogs and their binding and finishing, brochure printing and binding and finishing services, graphic design for the printing and binding campaign are specialties of ours. The next time you consider binding and finishing, benefit from our expertise in binding and finishing. You will benefit from our expertise in the coordinated printing and our binding services assuring your success in your next print campaign.

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FAQ: Questions and Answers

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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)].

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Question: What are the DMCA Safe Harbor Provisions?

Answer: In 1998, Congress passed the On-Line Copyright Infringement Liability Limitation Act (OCILLA) in an effort to protect service providers on the Internet from liability for the activities of its users. Codified as section 512 of the Digital Millennium Copyright Act (DMCA), this new law exempts on-line service providers that meet the criteria set forth in the safe harbor provisions from claims of copyright infringement made against them that result from the conduct of their customers. These safe harbor provisions are designed to shelter service providers from the infringing activities of their customers. If a service provider qualifies for the safe harbor exemption, only the individual infringing customer are liable for monetary damages; the service provider's network through which they engaged in the alleged activities is not liable.

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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).

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Question: What does a service provider have to do in order to qualify for safe harbor protection?

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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.

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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)]

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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.

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Question: What is section 512 of the DMCA, and what are its various provisions?

Answer: The On-Line Copyright Infringement Liability Limitation Act (OCILLA), included as section 512 of the Digital Millennium Copyright Act (DMCA), was passed in 1998. It provides Internet Service Providers (ISPs), such as providers of DSL and dial-up Internet access, as well as other Online Service Providers (OSPs), such as search engines, with a

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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.

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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.

Printer peeved at appropriation of advertising prose

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