BPI DMCA (Copyright) Complaint to Google

recipient

Google, Inc.

[Private] Mountain View, CA, , US Received on June 11, 2010

Re: DMCA Notice

Sent via: email

Notice Type:: Dmca

Action taken:: Yes

Body

BPI (British Recorded Music Industry) Limited ("BPI") is the UK national group for the International Federation of Phonographic Industries ("IFPI"). Our members comprise over 300 record companies in the United Kingdom. Between them our members are responsible for the production or distribution of the vast majority of sound recordings sold and/or distributed legally within the United Kingdom. The BPI is also mandated to act on behalf of the members of Phonographic Performance Limited ("PPL") and in this respect, to protect the rights that are owned or controlled by members of PPL, as well those that are owned or controlled by BPI. Part of our work involves monitoring the internet and taking action against persons that use, facilitate, enable and/or authorise the use of material in a manner that infringes the rights of the members of BPI and PPL. We have identified the following links that are available via Google's search engine, and request the following links be removed as soon as possible as they directly link to sound recordings owned by our members. Regards, [redacted] 1. Copyrighted work(s): Sound recording "Dirtee Disco" by Dizzee Rascal. The owner of this copyright work is Dirtee Stank, a PPL member. Sound recording "Solo" by Iyaz. The owner of this copyright work is Warner Music, a BPI member. Sound recording "Ridin' Solo" by Jason Derulo. The owner of this copyright work is Warner Music, a BPI member. Sound recording "Not Afraid" by Eminem. The owner of this copyright work is Universal, a BPI member. Sound recording "Eenie Meenie" by Sean Kingston & Justin Bieber. The owner of this copyright work is Sony Music, a BPI member. Sound recording "OMG (feat. will.i.am)" by Usher. The owner of this copyright work is Sony Music, a BPI member. Sound recording "Wavin' Flag" by K'naan. The owner of this copyright work is Universal, a BPI member. Sound recording "Your Love Is My Drug" by Ke$ha. The owner of this copyright work is Sony Music, a BPI member. Sound recording "Make Me Wanna Die" by The Pretty Reckless. The owner of this copyright work is Universal, a BPI member. Sound recording "Dirty Picture (feat. Ke$ha)" by Taio Cruz. The owner of this copyright work is Universal, a BPI member. Sound recording "Pass Out" by Tinie Tempah. The owner of this copyright work is EMI, a BPI member. Sound recording "Guns And Horses" by Ellie Goulding. The owner of this copyright work is Universal, a BPI member. Sound recording "This Ain't A Love Song" by Scouting for Girls. The owner of this copyright work is Sony Music , a BPI member. Sound recording "I Like" by Keri Hilson. The owner of this copyright work is Universal, a BPI member. Sound recording "I Dreamed A Dream" by Glee Cast. The owner of this copyright work is Sony Music, a BPI member. Sound recording "Haven't Met You Yet" by Michael Buble. The owner of this copyright work is Warner Music, a BPI member. Sound recording "Not Myself Tonight" by Christina Aguilera. The owner of this copyright work is Sony Music, a BPI member. Sound recording "Alejandro" by Lady Gaga. The owner of this copyright work is Universal, a BPI member. 2. Search query: A. dizzee rascal dirtee disco B. iyaz solo C. iyaz solo download D. iyaz solo mp3 E. iyaz solo rapidshare F. jason derulo ridin' solo mp3 G. eminem not afraid download H. eminem not afraid mp3 I. eminem not afraid rapidshare J. eminem not afraid megaupload K. eminem not afraid mediafire L. sean kingston justin bieber eenie meenie free mp3 M. usher omg (feat. will.i.am) download N. usher omg (feat. will.i.am) zippyshare O. k'naan wavin' flag download P. k'naan wavin' flag zippyshare Q. k'naan wavin' flag 4shared R. ke$ha your love is my drug free mp3 S. the pretty reckless make me wanna die download T. the pretty reckless make me wanna die free download U. the pretty reckless make me wanna die megaupload V. taio cruz dirty picture (feat. ke$ha) download W. tinie tempah pass out download X. tinie tempah pass out free mp3 Y. ellie goulding guns and horses download Z. scouting for girls this ain't a love song 4shared AA. keri hilson i like download BB. keri hilson i like mp3 CC. glee cast i dreamed a dream free download DD.glee cast i dreamed a dream zippyshare EE. glee cast i dreamed a dream 4shared FF. michael bublé haven't met you yet free mp3 GG. michael bublé haven't met you yet mp3 HH. christina aguilera not myself tonight download II. christina aguilera not myself tonight mp3 JJ. lady gaga alejandro mp3 KK. lady gaga alejandro zippyshare LL. lady gaga alejandro megaupload Infringing Site Location(s): A. http://usershare.net/ipdftw09i5vx B. http://usershare.net/uz622pqr80j2 http://www.4shared.com/audio/5gyDWRu5/Iyaz_-_Solo_.htm http://usershare.net/6bar92uaqx04 C. http://usershare.net/f913x0kjzppm D. http://www.4shared.com/audio/F13FEK_e/Iyaz_-_Solo.htm E. http://www.megaupload.com/?d=T2FV2KKM F. http://usershare.net/93u53c8e472e G. http://www.4shared.com/audio/WpnmDZAZ/Eminem_- _Not_Afraid___Single_V.html H. http://usershare.net/qv5usrr31bun I. http://www.megaupload.com/?d=ERP5ZUJP J. http://www.megaupload.com/?d=2RSYYQIT K. http://www.mediafire.com/?hy2mu2od5oy L. http://www.4shared.com/audio/f2EprddW/Sean_Kingston__Justin_Bie ber-E.html M. http://www.4shared.com/audio/M7o_GFI0/06_OMG__Feat_WillIAm_.htm N. http://www46.zippyshare.com/view.jsp?locale=en&key=45440276 O. http://www.2shared.com/file/6659507/b3267eb2/KNaan_- _Wavin_Flag.html P. http://www.4shared.com/audio/tD5rz_sY/Knaan_- _Wavin_Flag_ft_WillIAm_.html Q. http://www.4shared.com/file/119732765/497f3671/07_knaan_- _wavin_flag.html?s=1 R. http://www.4shared.com/account/audio/nW9Lqj3p/Keha_- _Your_Love_Is_My_Drug.html S. http://www.4shared.com/audio/jY0Xge49/06_The_Pretty_Reckless_- _Make_.html T. http://www.mediafire.com/?o4gwyntm1rw U. http://www.mediafire.com/?lkg2t22fmx2 V. http://www.4shared.com/audio/9m__LACN/Taio_Cruz_ft_Keha_- _Dirty_Pict.htm W. http://www.4shared.com/audio/E_4Cyh9X/tinie_tempah_- _pass_out.html X. http://www.4shared.com/audio/QEs2ktQU/Tinie_Tempah_- _Pass_Out.html Y. http://www.4shared.com/account/file/241755540/58b2c5cd/01_Guns_ And_Horses.html Z. http://www.4shared.com/audio/RAWRdmb9/01_This_Aint_A_Love_Song. html AA. http://www.4shared.com/audio/aMH5qK2_/Keri_Hilson_- _I_Like_wwwshuffl.html?start= BB. http://www.4shared.com/file/143935015/483cbed0/Keri_Hilson_- _I_Like_5STARHIPHOPCOM.html CC. http://www.sendspace.com/file/nbrjou http://hotfile.com/dl/43611655/8b73d9c/Glee_Cast_- _I_Dreamed_A_Dream.m4a.html http://www.mediafire.com/?bh1xhqnwnxn DD.http://www.4shared.com/dir/vKicGtQ3/Glee_Cast_-_1X19.html EE. http://www.4shared.com/audio/18hZH2iK/15_I_Dreamed_A_Dream__featuri n.html FF. http://www.4shared.com/file/129029160/447327a6/Havent_Met_You_Yet. html GG. http://www.mediafire.com/?ored3dymtjo HH. http://www.teradepot.com/1dqf7q4uw4ll/02_- _Christina_Aguilera_- _Not_Myself_Tonight%5BTeraDepot.com%5D.mp3.html II. http://www.4shared.com/audio/GdLMeskD/Christina_Aguilera_- _Not_Mysel.html JJ. http://www.4shared.com/file/177494261/37c6778a/Lady_GaGa_- _Alejandro.html KK. http://www17.zippyshare.com/view.jsp?locale=en&key=33447705 LL. http://www.megaupload.com/?d=3PGM4USP 3. Contact information: [redacted] for and on behalf of?BPI (British Recorded Music Industry) Ltd [redacted], Westminster Bridge Road, London SE1 7JA, UK Tel: +44 (0) [redacted] Fax: +44 (0) [redacted] [redacted]@bpi.co.uk 4. Infringing webpage(s): http://hotfile.com/ http://usershare.net/ http://2shared.com/ http://4shared.com/ http://mediafire.com/ http://megaupload.com/ http://sendspace.com/ http://teradepot.com/ http://zippyshare.com/ 5. I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorised by the copyright owner, his/her agent or the law. 6. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Related FAQs

What is a repeat infringer?

Although Section 512(i) of the DMCA states that service providers seeking safe-harbor protection must have "adopted and reasonably implemented ... a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider?s system or network who are repeat infringers," it does not define "repeat infringers." Treatise author David Nimmer (Nimmer on Copyright) has suggested that one should not be labeled a "repeat infringer" until a court has found, on multiple occasions, that he has infringed. Mere accusations, even repeated, should not turn a subscriber into a repeat infringer who must be terminated.

If a service provider qualifies for protection under one of the DMCA section 512 safe harbors, does this preclude the service provider from protection under other 512 safe harbors?

Whether a service provider is entitled to protection under any one of subsections 512(a) - 512(d) will be based solely on the criteria in that subsection and will not affect a determination of whether that service provider qualifies for limitations on liability under any other subsection 512(a) - (d) [512(n)].

May ISPs specify the format in which they receive takedown notices?

[not yet answered]

What are screenshots, and is using them copyright infringement?

Screen shots or screen dumps are still images taken from computer programs. Screen shots are often used in training materials to explain how to use a computer program. Screen shots are protected by copyright law if the original work is protected. This is due to the fact that screenshots are viewed as derivative works.

The US Copyright Act of 1976, Section 101, says:

A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work."

Does an ISP have to respond to the complainant to tell them when the material has been removed?

[not yet answered]

What can happen to an ISP if it does not take down the requested information?

[not yet answered]

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.

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.

Can an online service provider (OSP) be held contributorily liable for acts of trademark infringement by one of its users?

Under section 512(c) of the DMCA an OSP will not be held liable for instances of copyright infringement so long as the OSP satisfies certain statutory requirements. (See .) However, there is no equivalent legislation pertaining to trademark infringement, and given the paucity of caselaw concerning liability of OSPs in such instances, it remains an open question as to whether or not an OSP could, or should, be held liable for acts of trademark infringement by its users.

In trademark law, contributory liability exists when a manufacturer or distributor intentionally induces another party to infringe a valid trademark, or when it continues to supply products to a party that it knows, or has reason to know, is using the products to engage in trademark infringement. Inwood Laboratories v. Ives Laboratories, 456 U.S. 844 (1982). (See .)

Lower courts have since disagreed somewhat over what exactly satisfies the

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

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 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 provides links to the allegedly infringing material. [Sec. 512(d)]

What defenses are there to copyright infringement?

The primary defense to copyright infringement is "fair use." 17 U.S.C.

Does copyright protect techniques or methods?

No. Copyright protects only expression, not ideas. So while copyright might protect one author's description of a bookkeeping method, it does not prevent others from using the method or copying the forms needed to use it.

This "idea/expression dichotomy" is spelled out in part in the Copyright Act's Section 102(b):

"In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work."

What is the Universal Copyright Convention (UCC)?

The Universal Copyright Convention (UCC), adopted at Geneva in 1952, is one of the two principal international conventions protecting copyright; the other is the Berne Convention.

The UCC was developed by United Nations Educational, Scientific and Cultural Organization as an alternative to the Berne Convention for those states which disagreed with aspects of the Berne Convention, but still wished to participate in some form of multilateral copyright protection.

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

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.

What is misappropriation of copyrighted material?

One has misappropriated copyrighted material if he or she has acquired, disclosed, or used the material without the permission/license from the holder of the copyrighted material, where such activities were done through improper means or in breach of an obligation of confidentiality or non-use.

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BPI DMCA (Copyright) Complaint to Google

recipient

Google, Inc.

Re: DMCA Notice

Body

Copyright claim #1