DMCA (Copyright) Complaint to Google

sender

on behalf of SONY PICTURES WORLDWIDE ACQUISITIONS INC.

[Private] , , , AU Sent on November 18, 2013

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on November 18, 2013

Re: Websearch Infringement Notification via Online Form Complaint

Sent via: online form

Notice Type:: Dmca

Action taken:: Yes

Copyright claim #1

Kind of Work: movie

Description Insidious: Chapter 2 (Original Movie)
Original URLs:
1. http://www.insidiousch2.com/
Allegedly Infringing URLs:
1. http://beta.general-files.com/download/gs689e6247h45i0/Insidious.Chapter.2.2013.UNRATED.BDRip.X264.SPARKS.avi.html
2. http://cineast.ch/forum/showthread.php?tid=739344
3. http://isohunt.unlocktorrent.com/torrent_details/8242335/Insidious-Chapter-2-2013-flv
4. http://isohunt.unlocktorrent.com/torrents/?ihq=insidious
5. http://moviesontorrent.com/query.php?q=insidious+2+download+the+pirate
6. http://onlinepk.net/hollywood-movies/418582-belle-2013-dvdrip-xvid.html
7. http://onlinepk.net/hollywood-movies/426861-dom-hemingway-2013-dvdrip-xvid.html
8. http://posteando.com/foro-cine-32/lone-survivor-2013-dvdrip-xvid-970889/
9. http://rapidlibrary.com/files/insidious-chapter-2-2013-web-dl-xvid-ac3-unique-rar_ulfywvbtricron.html
10. http://torrentriot.com/query.php?q=insidious+2dvx+ita+torrent&page=2
11. http://torrentriot.com/query.php?q=insidious+2+kickass+file
12. http://www.4shared.net/download/5fbX4oeGzS2w9rxKgcNAXU
13. http://www.bts.to/query/insidious%3A-chapter-2/
14. http://www.comunidadgz.com/Thread-Insidious-Chapter-2-2013-BRRip-XviD--185620
15. http://www.downloadnow.net/download/2p5jWf6bOO6OolEFzcgBlT
16. http://www.downloadnow.net/download/4qa98Sf0POQdTMKmof5V1U
17. http://www.dwfree.com/showthread.php/155884-Mandela-Long-Walk-to-Freedom-2013-DVDRip-XviD
18. http://www.filestube.com/2pChcAtXnf8KPvXGDRkhu6
19. http://www.filestube.com/3gu08TMe93lODSG8clqEA
20. http://www.filestube.com/3LvSs4WVr4Ayd47AtqMTPo
21. http://www.filestube.com/7sp4vLVpLveQji0j01i2QV
22. http://www.forumpolitika.org/showthread.php/24772-Insidious-Chapter-2-(2013)-DVDrip-XViD?langid=1
23. http://www.forumpolitika.org/showthread.php/39821-Insidious-Chapter-2-(2013)-DVDrip-XViD?langid=1
24. http://www.forumpolitika.org/showthread.php/90549-Insidious-Chapter-2-(2013)-BRRip-XviD?langid=1
25. http://www.hagalepues.net/entretenimiento/686398-insidious-chapter-2-2013-brrip-xvid.html
26. http://www.reactormirror.com/torrents/8242335/Insidious-Chapter-2-2013-flv
27. http://www.sharelab.org/f48/crooked-i-apex-predator-2013-dvdrip-xvid-unknown-171578/
28. http://www.togoon.com/bbs/board.php?bo_table=torrent_movie&wr_id=482&page=135
29. http://www.togoon.com/bbs/board.php?bo_table=torrent_movie&wr_id=482&page=94
30. http://www.togoon.com/bbs/board.php?bo_table=torrent_movie&wr_id=482&sfl=&stx=&sst=wr_datetime&sod=desc&sop=and&page=9
31. http://www.yallarab.com/vb/t2293976.html

Related FAQs

Do I need to register my copyright?

You get copyright automatically when you create a work and "fix" or record it. Registration with the Copyright Office is not a prerequisite, but it can give you additional protection: you can only get statutory damages for infringement of a registered copyright. A U.S. author must also register before filing a copyright lawsuit.

What is "willful infringement"?

Willful infringement occurs when the infringer knows that the material they are copying is protected by copyright.

In many cases, the penalties for copyright infringement are greater if the infringement is willful.

What kinds of things are copyrightable?

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.

Can I send a C&D for someone else's copyrighted material?

[not yet answered]

What are the counter-notice and put-back procedures?

In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not on 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 OSP for any damages that resulted from the improper removal of the material. [512(f)]

What happens if an individual is found to repeatedly infringe?

The safe harbor provisions require the service provider to include in its copyright infringement policies a termination policy that results in individuals who repeatedly infringe copyrighted material being removed from the service provider networks. [512(i)(1)(A)] This termination policy must be made public in the terms of use that the service provider includes in its contracts or on its web site.

What subject matter is not copyrightable?

Copyright protects original works of authorship fixed in a tangible medium. Copyright does not protect facts, ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries. 17 U.S.C.

Can a copyright owner find out the identity of the individual responsible for the allegedly infringing material?

The safe harbor provisions permit a copyright owner to subpoena the identity of the individual allegedly responsible for the infringing activities. [512(h)] Such a subpoena is granted on the condition that the information about the individual's identity will only be used in relation to the protection of the intellectual property rights of the copyright owner. [512(h)(2)(C)]

The DMCA subpoena provision does not apply to requests for the identities of users of ISP conduit 512(a) services, but only to users of hosting or linking, for which a takedown may be sent under 512(c)(3)(A). Thus DMCA subpoenas cannot be used to find the identities of users engaged in peer-to-peer filesharing. Recording Industry Assoc. of America v. Verizon Internet Svcs., Inc.

What is an exclusive right in intellectual property?

Most governments recognize a bundle of exclusive rights in relation to works of authorship, inventions, and identifications of origin. These rights are sometimes spoken of under the umbrella term "intellectual property". An example is copyright, which grants a copyright holder a negative right to exclude others from exploiting his or her artistic or creative work. The position is generally similar with patents and trademarks. Exclusive rights arise from a grant of patent or registration of a trademark, while in other cases such rights may arise through use (eg. copyright or common-law trademark).

Holding an intellectual property right generally means that the rights holder can maintain certain controls in relation to the subject matter in which the IP right subsists. For example, a person who buys a copy of a computer program which is subject to copyright may use the software for personal use, but will probably be prohibited from creating or distributing copies of that software, subject to certain exceptions such as fair use or fair dealing, which vary widely from jurisdiction to jurisdiction.

What rights do I have if someone knowingly demands removal of material to which they do not have the rights?

Under Section 512(f) of the Copyright Act one who knowingly materially misrepresents a claim of infringement is liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or ISP injured by the misrepresentation, as the result of the service provider relying upon the misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If you are harmed by a mistaken takedown (as poster or as ISP), you may be able to recover damages and your legal fees from the person who made the wrongful claim.

Does a service provider have to notify its users about its policies regarding the removal of materials?

To qualify for exemption under the safe harbor provisions, the service provider must give notice to its users of its policies regarding copyright infringement and the consequences of repeated infringing activity. [512(i)(1)(A)] The notice can be a part of the contract signed by the user when signing up for the service or a page on the service provider's web site explaining the terms of use of their systems. While there are no specific rules about how this notice must be made, it must be "reasonably implemented" so that subscribers and account holders are informed of the terms. [512(i)(1)(A)]

What are the criteria a service provider must satisfy in order to qualify for safe harbor protection under Subsection 512(a) of the Digital Millennium Copyright Act?

Subsection 512(a) provides a safe harbor for service providers in regard to communications that do not reside on the service provider

What are the communication requirements that Section 512 imposes on OSPs, complainants, and alleged infringers?

Each of the parties -- the complainant, the Online Service Provider (OSP), and the alleged infringer -- has the right to communicate with the other parties. In addition, OSPs and complainants are required to engage in certain communications in order to take advantage of the DMCA's notice-and-takedown and safe harbor provisions.

The complainant starts the Sec. 512 process by notifying the Online Service Provider (OSP) or the OSP's agent in writing of a copyright infringement. Section 512(c)(3)(A)(iii) sets out the requirements for notice to OSPs. Under this section, the complainant must specifically identify the material that is claimed to be infringing or to be subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

Section 512(d)(3) sets out the procedure for contacting information location tools, such as search engines. Under Sec. 512(d), the complainant must identify the reference or link to the allegedly infringing material, and must provide enough information for the search engine to locate the link.

The complainant is not required to contact the alleged infringer at any time. [§ 512(h)(5).] However, complainants who do wish to contact the infringer, or to file suit on an infringer, may use the Sec. 512(h) subpoena process to require an OSP provide its customers' identifying information to the complainant.

The OSP has two separate sets of communication obligations. First, the OSP is generally required to establish policies regarding copyright infringement and repeat infringers and to inform subscribers and account holders about those policies as well as about the actions taken against repeat infringers. [§ 512(i)(1)(A).] This applies both to Sec. 512(c) ISPs and Sec. 512(d) information location tools.

Second, once an OSP receives a Section 512 takedown notice, it is required to notify its subscriber that it has disabled access to the allegedly infringing material. [§ 512(g)(2)(A).]

A recipient is not required to respond in any way to Sec. 512 notices from OSPs or complainants. However, without a recipient response, the OSP will generally remove or disable access to the material, possibly even disabling an ISP account. To avoid this, the recipient may file a counter-notification with the OSP, denying that the material infringes copyright. [§ 512(g)] If an OSP receives a counter-notification, then the service provider must notify the complainant that it will cease disabling access in 10 business days unless the complainant obtains a court-imposed restraining order. [§ 512(g)(2)(C)]

Do the safe harbor provisions of section 512(c) apply to instances of alleged trademark infringement?

Section 512(c) does not pertain to instances of trademark infringement. Sub-section (1) states, "a service provider shall not be liable for . . . infringement of copyright by reason of the storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider . . ." (emphasis added). On its face, therefore, 512(c) is not applicable to a situation in which a trademark holder gives notice to an on-line service provider (OSP) that a user is infringing his or her intellectual property rights. However, in the absence of any caselaw on the subject, should a trademark holder bring a claim for contributory infringement, an OSP might be able to mount a valid defense by analogy to section 512(c).

What is a valid copyright license?

A valid license is an agreement where the copyright owner retains his or her ownership of the rights involved, but allows a third party to exercise some or all of those rights without fear of a copyright infringement suit. A license is preferred over an assignment of rights where the copyright holder wishes to maintain some ownership over the rights, or wishes to exercise continuing control over how the third party uses the copyright holder's rights.

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