DMCA (Copyright) Complaint to Google

sender

Motion Picture Association of America

on behalf of Paramount Pictures Corporation, Sony Pictures Entertainment Inc., Twentieth Century F

[Private] , , , US Sent on August 22, 2013

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on August 22, 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 Slumdog Millionare
Original URLs:
Allegedly Infringing URLs:
1. http://fullmovies.cc/
2. http://fullmovies.cc/movie/166
Copyright claim #2

Kind of Work: unknown

Description UP
Original URLs:
Allegedly Infringing URLs:
1. http://megashare.info/#AllFilm
Copyright claim #3

Kind of Work: movie

Description Waterboy
Original URLs:
Allegedly Infringing URLs:
1. http://www.moviefork.com/
2. http://www.moviefork.com/MovieDetails.cfm?Movie=10169
Copyright claim #4

Kind of Work: movie

Description Man of Steel
Original URLs:
Allegedly Infringing URLs:
1. http://1tvlive.in/hollywood-movies-man-of-steel-2013-full-movie-watch-online/

Related FAQs

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

[not yet answered]

What are statutory damages?

A copyright owner can only sue for infringement on a work whose copyright was registered with the Copyright Office, and can get statutory damages and attorney's fees only if the copyright registration was filed before infringement or within three months of first publication. (17 U.S.C. 411 and 412) (17 U.S.C. 411 and 412)

A copyright owner may avoid proving actual damage by electing a statutory damage recovery of up to $30,000 or, where the court determines that the infringement occurred willfully, up to $150,000. The actual amount will be based upon what the court in its discretion considers just. (17 U.S.C. 504). (17 U.S.C. 504)

Does copyright protect facts?

No. Copyright protects only original expression, not discovered facts. Creative selection and arrangement of facts is protected, but you can take the basic facts and rearrange them without infringing copyright. Thus the publishers of a telephone book cannot sue an online phone book publisher for copyright infringement, even if it took the first publishers considerable effort to collect the listings.

What is copyright protection?

Copyright vests in a creative work - including literary, musical, dramatic, choreographic, pictorial or graphic, audiovisual, or architectural works, or sound recordings, but not in ideas, at the moment the work is fixed in tangible form.

Copyright grants a variety of rights to the owner of a creative work, which means that the work (and the owner of the rights) is protected from others doing those things without the owner's permission.

"Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

(1) to reproduce the copyrighted work in copies or phonorecords;

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

What are monetary damages?

Monetary damages are a category of "Special damages." They are awards which compensate plaintiffs for monetary losses. These may be actual losses (real lost sales) or reasonably predictable losses.

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 significance of Section 512(a) of the DMCA to service providers?

If a service provider falls within the requirements of subsection 512(a), then it will not be liable for monetary, injunctive, or other equitable relief. Specifically, a service provider will not be liable for copyright infringement by reason of (1) the service provider

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.

Does the first sale doctrine mean I can re-sell computer software?

Many makers of computer software say that their software is licensed, not sold, because the user breaks a "shrinkwrap license" on the box or clicks through an end-user license agreement ("EULA") before using the software. The legal rights of the end user may then be limited by the licensing terms, provided that the end user has been contractually bound to those terms. EULAs may attempt to prohibit modification, reverse engineering, or resale. Courts are still working out the tensions between software licensing and copyright's first sale and fair use rights.

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

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

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."

What is third-party liability, also known as "secondary liability"?

The concept of third party liability refers, as the name implies, to situations in which responsibility for harm can be placed on a party in addition to the one that actually caused the injury. The most common example comes from tort law: a customer in a grocery store drops a bottle of wine and another customer slips on the puddle and injures himself; he may bring an action for negligence against the customer who dropped the bottle and against the owner of the grocery store. Under the common law doctrine of third-party liability, a plaintiff must show not only that an injury actually occurred, but also (in most cases) that some sort of connection existed between the third party and the person who actually caused the injury.

As such the concept of third-party liability is often divided into two different types: contributory infringement and vicarious liability. Typically, contributory infringement exists when the third party either assists in the commission of the act which causes the injury, or simply induces the primary party to do so commit the act which caused the injury. Vicarious liability often requires the third party to have exerted some form of control over the primary party

What are the DMCA Safe Harbor Provisions?

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.

What is copyright infringement? Are there any defenses?

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.

Re: Websearch Infringement Notification via Online Form Complaint

Copyright claim #1

Copyright claim #2

Copyright claim #3

Copyright claim #4