DMCA (Copyright) Complaint to Google

sender

on behalf of 20th Century Fox

[Private] , , , US Sent on November 04, 2012

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on November 04, 2012

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 Prometheus
Original URLs:
1. http://www.projectprometheus.com/
Allegedly Infringing URLs:
1. http://megashare.info/watch-prometheus-online-TlRJME53PT0
2. http://movie25.com/movies/prometheus-2012.html
3. http://www.tubeplus.me/player/1816481/Prometheus/
4. http://blastr.com/2012/09/gorge-yourself-silly-on-1.php
5. http://feedreader.com/feed/Free_Movie_Home/102841973
6. http://itvmovie.eu/movie/detail/3564/Prometheus.html
7. http://soundcloud.com/groups/download-prometheus-full-movie-download-michael-fassbender-2012-movie-divx
8. https://www22.verizon.com/Ondemand/MovieDetails/Prometheus.aspx?contentId=TVNX0016142201351180&PName=Movies
9. http://viooz.eu/movies/6504-prometheus-2012.html
10. http://worldfree4u.com/300mb-movies/watch-online-prometheus-2012-hindi-dubbed-300mb-free-download/
11. http://www.1channel.ch/watch-2733515-Prometheus-T4-Movie-Special
12. http://www.dailymotion.com/video/xr0vyo_watch-prometheus-full-movie-online-2012-hd_shortfilms
13. http://www.fastpasstv.ms/movies/prometheus-2012/
14. http://www.filmlinks4u.net/2012/06/prometheus-2012-hollywood-movie-watch-online.html
15. http://www.huffingtonpost.com/2012/06/04/prometheus-paper-trailer-spoof-videos_n_1568687.html
16. http://www.operationsports.com/eashl/forum/showthread.php?t=32097
17. http://www.operationsports.com/eashl/forum/showthread.php?t=32120
18. http://www.operationsports.com/eashl/forum/showthread.php?t=32194
19. http://www.ovguide.com/prometheus-9202a8c04000641f800000001cc02cfc
20. http://www.prometheuswatch.com/collection/
21. http://www.proprofs.com/forums/index.php?showtopic=518072
22. http://www.solarmovie.eu/watch-prometheus-2012.html
23. http://www.theshiznit.co.uk/news/watch-prometheus-online-for-free.php

Related FAQs

What is the Berne Convention for the Protection of Literary and Artistic Works?

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement about copyright, which was first adopted in Berne, Switzerland in 1886. It was developed at the instigation of Victor Hugo, and was thus influenced by the French "right of the author" (droit d'auteur), which contrasts with the Anglo-Saxon concept of "copyright", which has only been concerned with economic protection.

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

[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 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.

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.

Do the Safe Harbor provisions apply to the distribution of circumvention tools such as serial numbers or to methods for disabling copyright management systems?

Section 512 creates a safe harbor from claims of "copyright infringement" for service providers who meet the statutorily-defined criteria. "Copyright infringement" is defined by Section 501 of the Copyright Act as any violation of the exclusive rights granted in sections 106 through 121 of the Act. Copyright infringement thus does not include violations of the DMCA's Anticircumvention provisions, which are found in Section 1201 et seq.

While they are unlikely to be deemed direct infringers, distributors of serial numbers may face either vicarious or contributory liability for copyright infringement. Vicarious liability requires that the distributor have the right and ability to control the infringer's behaviour and direct financial gain by the distributor. In circumstances of serial numbers posted on free message boards of Usenet groups, the distributor likely lacks both control and financial benefit. Contributory liability requires that the distributor possess knowledge of infringing conduct and materially contribute to the infringement. Although a distributor of serial numbers is likely aware that the numbers will be used to infringe, under Sony, if the serial numbers are capable of "substantial non infringing use" contributory infringement may not be found.

The anticircumvention provisions prohibit circumvention of technological access protection systems as well as the distribution of tools that facilitate circumvention of access or copy protection systems. The publication of serial numbers, for example, would likely constitute the distribution of a "technology, product, service, device, component, or part thereof" that facilitates circumvention of an access control. Under Section 1201, such a tool must either be primarily designed or produced for circumvention, have limited commercial purpose other than circumvention, or be marketed for circumvention. It is unlikely, however, that the publication would constitute "copyright infringement".

While a service provider may be under no obligation to remove material in violation of the Anticircumvention provisions in order to maintain its safe harbor protection from copyright infringement, by hosting such material the provider is exposed to potential secondary liability under Section 1201 and may therefore have an independent reason for removing the material.

Am I free to copy the content from someone else's website verbatim?

No. While you are free to report the facts and ideas embodied in another person's article or web page, you shouldn't copy the entire page unless you can assert a fair use defense. Copyright does not protect facts or ideas, but it can protect the particular way someone has expressed them.

What is the difference between 512(c) and (d)?

[not yet answered]

What is criminal copyright infringement?

As defined by 15 USC section 506, criminal copyright infringement occurs if a person willfully infringes upon a copyright and it was done under any of the following circumstances: 1) for commercial advantage or private financial gain; 2) where the copies have a retail value of at least $1,000 and were made within a 180-day period; or 3) by distributing copyrighted work where the infringer knew or should have known the work was intended for public distribution. If found guilty, the infringer can be imprisoned for up to 10 years, depending on the type of infringement

What is "proprietary" material?

"Proprietary" indicates that a party, or proprietor, exercises private ownership, control or use over an item of property, usually to the exclusion of other parties.

Where a party, holds or claims proprietary interests in relation to certain types of property (eg. a creative literary work, or software), that property may also be the subject of intellectual property law (eg. copyright or patents).

Where can I find the text of the U.S. Copyright Act?

The federal Copyright Act may be found at http://www.loc.gov/copyright/title17/.

Why does a search engine get DMCA takedown notices for materials in its search listings?

Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(d), a safe-harbor for providers of "information location tools." These safe harbors give providers immunity from liability for users' possible copyright infringement -- if they "expeditiously" remove material when they get complaints. Whether or not the provider would have been liable for infringement by users' materials it links to, the provider can avoid the possibility of a lawsuit for money damages by following the DMCA's takedown procedure when it gets a complaint. The person whose information was removed can file a counter-notification if he or she believes the complaint was erroneous.

For more information on the DMCA Safe Harbors, see the FAQs on DMCA Safe Harbors.

For more information on Copyright and defenses to copyright infringement, see the Copyright page.

May non-US citizens use the DMCA?

[not yet answered]

What is in the public domain?

The public domain refers to materials that are not protected under copyright law. Prior to 1978, a work could fall into the public domain if it was not registered or if it did not have proper notice. After 1978, there was no registration or notice requirement and thus a work would not automatically fall into the public domain.

A work may also fall into the public domain if its copyright expires. Under the 1909 Copyright Act, a work received protection for a 28 year period (works between 1964-1977 receive automatic renewal), with an option to renew the work for an additional 28 years (because of the Copyright Extension Act, a work created before 1978 can have protection for 95 years after publication). For works created after 1978, the copyright holder lasts for the life of the author + 70 years (the copyright holder's heirs retain the intellectual property rights).

So, you should not assume a work is in the public domain. You should first check with the Copyright Office.

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."

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DMCA (Copyright) Complaint to Google

sender

Yes It Is - No Piracy!

on behalf of 20th Century Fox

recipient

Google, Inc.

Re: Websearch Infringement Notification via Online Form Complaint

Copyright claim #1