Video Stream DMCA (Copyright) Complaint to Google

recipient

Google, Inc. [AdSense]

[Private] Mountain View, CA, 94043, US Received on April 13, 2011

Re: Notice of Violation of Google AdSense Program Policies

Sent via: fax

Notice Type:: Dmca

Action taken:: Yes

Body

Dear Sir/Madam: We write to inform you of a violation of the Google AdSense Program Policies, which also severely affect our rights. According to the AdSense Program Policies, "Sites displaying Google ads may not include:... Any other content that is illegal, promotes illegal activity, or infringes on the legal rights of others." MLB Advanced Media, L.P., ("MLBAM") is the exclusive licensee of the MLB Entities with respect to uses via the Internet and other interactive media of their game and exhibition telecasts and excerpts thereof (collectively, "MLB Telecasts"). MLBAM has received information that a Google AdSense partner, www.rojadirecta.es (the "Website"), is still distributing and displaying, without authorization, copyrighted works of MLBAM, the Office of the Commissioner of Baseball, and/or certain Major League Baseball Clubs (collectively, the "MLB Entities") despite our notifying you of this violation on April 5, 2011. (See Exhibit A attached hereto for an example.) <b>The Website streams live copyrighted MLB Telecasts when games are occurring.</b> The unauthorized distribution of such copyrighted works is an infringement of the applicable MLB Entity's copyrights in them, in violation of the U.S. Copyright Act and other applicable law. The copyright owner of the MLB game telecasts are the applicable MLB Entities. I have a good faith belief that this use is not authorized by the copyright owner, its agent or the law. The information in this notice is accurate, and I hereby certify under penalty of perjury that I am authorized to act on behalf of the MLB Entities, the owner(s) of the copyrights in the works identified above. I have a good faith belief that none of the materials or activities listed above have been authorized by the MLB Entities, their agents, or the law. I may be contacted at [redacted] Legal Coordinator MLB Advanced Media, L.P. [redacted] New York, NY 10011 Tel: [redacted] E-mail: [redacted]@mlb.com We appreciate your cooperation in this matter. Please advise us regarding what actions you take. This letter does not purport to be a complete statement of the applicable facts or law and is submitted without prejudice. Very truly yours [signature] [redacted] Legal Coordinator

Supporting Documents

Related FAQs

Do you have to have a copyright notice or register your copyright in order to send a 512 C&D?

[not yet answered]

what is criminal prosecution?

A criminal prosecution is a legal action brought by the state against an individual or group of individuals for violating state criminal laws.

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 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 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.

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

[not yet answered]

Does copyright protect words or short phrases?

No. Names, titles, and short phrases are not subject to copyright protection. These are not deemed to be "original works of authorship" under the Copyright Act. Names may be protected by trademark, in some instances. See the  FAQ for more information.

What may be copyrighted?

In order to be copyrightable, a work must be

1. fixed in a tangible medium of expression; and
2. original.

Copyrights do not protect ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries: they only protect physical representations. 17 U.S.C.

How does a Creative Commons license help?

Creative Commons licenses provide a standard way for authors to declare their works "some rights reserved" (instead of "all rights"). If the source you're quoting has a Creative Commons license or public domain dedication, you may have extra rights to use the content. Licenses don't trump fair use, but if you want to do more than fair use allows, look at the terms of the license to see what it permits and what, if anything, it requires you to do in return. The attribution license, for example, lets you copy, distribute, and display a work so long as you name the original author. Share-alike lets you make derivative works so long as you use the same license for your re-mix. A work in the public domain is no longer under copyright, so you can use as much as you want in any way you like.

What constitutes unlicensed copy and display of copyrighted material?

Unlicensed use or distribution of copyrighted works is illegal and may be considered a criminal act. Copyright law grants the exclusive right to use, copy, distribute, display, and perform a copyrighted work to the owner of the copyright. The owner of the copyright is the only entity that may grant permission for anyone to use, copy, distribute, display and perform the work.

Does it make a difference if a link is an advertisement or just a link?

[not yet answered]

What is "willful copyright 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 is defamation?

Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.

Speech that involves a public figure--such as a corporation--is only defamatory if it is false and said with "actual malice", meaning with knowledge of the statement's falsity or in reckless disregard for the truth. It also must be factual rather than an expression of an opinion. In the United States, because of our strong free speech protections, it is extremely difficult to prove defamation of a public figure.

Truth is an absolute defense to a claim of defamation, but of course, the truth can be difficult and expensive to prove.

Opinions are not defamatory, but the issue is whether a reasonable reader or listener could understand the statement in question as asserting a statement of verifiable fact, not whether it is labeled as "opinion."

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 filing a counter-notification indicate that you are willing to defend yourself against a claim of copyright infringement?

Filing a counter-notification indicates that the subscriber has a "good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled." [15 U.S.C. s 512(g)(c)(3)] A counter-notification also requires a statement that the subscriber consents to the jurisdiction in which the address of the subscriber is located. [17 U.S.C. s 512(g)(3)(D)]

Thus, the filing of a counter-notification does not explicitly indicate consent to defend against a claim of copyright infringement; it merely indicates a good faith belief that the challenged material is non-infringing. An individual who believes that a user has infringed or is infringing upon his or her copyright may sue the user for infringement regardless of whether a take-down notice is sent to the service provider. The safe-harbor rules do not affect the right of a lawful copyright holder to sue a user who directly infringes his or her copyright.

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Video Stream DMCA (Copyright) Complaint to Google

recipient

Google, Inc. [AdSense]

Re: Notice of Violation of Google AdSense Program Policies

Body

Copyright claim #1

Supporting Documents