DMCA (Copyright) Complaint to Google

sender

on behalf of BBC Films

[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 Ill Manors
Original URLs:
1. http://www.imdb.com/title/tt1760967/
2. http://www.imdb.com/title/tt1760967/companycredits
Allegedly Infringing URLs:
1. http://go.sky.com/vod/content/SKYMOVIES/content/videoId/abc8f50bf3b2a310VgnVCM1000000b43150a________/content/default/videoDetailsPage.do
2. http://movieonlineslink.com/page/5
3. http://sbtv.co.uk/2012/03/plan-b-ill-manors-music-video/
4. http://wiki.answers.com/Q/Where_can_you_watch_ill_manors_free_online
5. http://www.avforums.com/movies/Ill-Manors-review_11083/blu-ray.html
6. http://www.blinkbox.com/Movies/41803/ill-Manors
7. http://www.dailymail.co.uk/tvshowbiz/reviews/article-2156210/Rapper-Plan-Bs-film-debut-Ill-Manors-awful-contemplate-Plan-C.html
8. http://www.dailymotion.com/video/xt4wl0_ill-manors-2012-online-watch-www-movieshd24-com_shortfilms
9. http://www.digitalspy.co.uk/movies/news/a385672/ill-manors-four-new-video-clips-from-plan-bs-directorial-debut.html
10. http://www.empireonline.com/news/story.asp?NID=33851
11. http://www.facebook.com/ILLMANORS
12. http://www.filestube.com/i/ill+manors
13. http://www.guardian.co.uk/film/2012/jun/07/ill-manors-review
14. http://www.guardian.co.uk/film/filmblog/2012/jun/06/ill-manors-respect-gangsters-plan-b
15. http://www.guardian.co.uk/music/2012/may/27/ill-manors-plan-b-ben-drew-interview
16. http://www.independent.co.uk/arts-entertainment/films/features/plan-bs-ill-manors-mean-streets-at-the-movies-7804883.html
17. http://www.independent.co.uk/arts-entertainment/films/reviews/ill-manors-ben-drew-116-mins-18a-fantastic-fear-of-everything-crispian-mills-100-mins-15-7833976.html
18. http://www.lyricsmode.com/lyrics/p/plan_b/ill_manors.html
19. http://www.mirror.co.uk/3am/tv-film-news/professor-green-and-millie-mackintosh-at-ill-855462
20. http://www.palatinate.org.uk/?p=24031
21. http://www.play.com/Music/CD/4-/29608602/-/Product.html
22. http://www.standard.co.uk/arts/film/plan-bs-ill-manors--the-verdict-from-forest-gate-teenagers-7803614.html
23. http://www.vidics.eu/watch/114615/Ill-Manors-2012.html
24. http://www.wowfreeddl.com/watch+ill+manors+online+free+putlocker.html
25. http://www.wowfreeddl.com/watch+ill+manors+online+ipad+free.html

Related FAQs

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)]

Does a copyright owner have to specify the exact materials it alleges are infringing?

Proper notice under the safe harbor provisions requires the copyright owners to specifically identify the alleged infringing materials, or if the service provider is an "information location tool" such as a search engine, to specifically identify the links to the alleged infringing materials. [512(c)(3)(iii)], [512(d)(3)]. The provisions also require the copyright owners to identify the copyrighted work, or a representative list of the copyrighted works, that is claimed to be infringed. [512(c)(3)(A)(ii)]. Rather than simply sending a letter to the service provider that claims that infringing material exists on their system, these qualifications ensure that service providers are given a reasonable amount of information to locate the infringing materials and to effectively police their networks. [512(c)(3)(A)(iii)], [512(d)(3)].

However, in the recent case of ALS Scan, Inc. v. Remarq Communities, Inc., the court found that the copyright owner did not have to point out all of the infringing material, but only substantially all of the material. The relaxation of this specificity requirement shifts the burden of identifying the material to the service provider, raising the question of the extent to which a service provider must search through its system. OSP customers should note that this situation might encourage OSP's to err on the side of removing allegedly infringing material.

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.

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

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 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

Can a complainant use the safe harbor provisions for violations of the anticircumvention provisions?

[not yet answered]

How do I file a DMCA counter-notice?

If you believe your material was removed because of mistake or misidentification, you can file a "counter notification" asking the service provider to put it back up. Chilling Effects offers a form to build your own counter-notice.

Do plot synopses and reproductions of photographs infringe on copyrights?

A plot synopsis may or may not infringe on a copyright, depending on whether the court finds that the use of original material is fair use. Photographs are protected by the copyright holder's rights to both reproduce and display his work, and this right may be violated by posting those photographs on the Internet.

What are the possible penalties for copyright infringement?

Under the Copyright Act, penalties for copyright infringement can include:

an injunction against further infringement -- such as an order preventing the infringer from future copying or distribution of the copyrighted works
impounding or destruction of infringing copies
damages -- either actual damages and the infringer's profits, or statutory damages
costs and attorney's fees

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).

What is a copyright notice?

A copyright notice is placed on copies of a work by the owner in order to inform the public that the owner - an individual or business - holds copyright in the work. The public is then "on notice" that the work is copyrighted and unauthorized copying may infringe the copyright owner's rights.

Generally, a proper copyright notice must contain: 1. The symbol ©, the word “Copyright”, or the abbreviation “Copr.” 2. The year of first publication of the work. 3. The name of the copyright owner, a recognizable abbreviation of the copyright owner's name, or a generally known alternative designation of the owner.

The notice must also be placed on copies of a work so that they give reasonable notice of the claim of copyright.

The legal effect of proper copyright notice is to prevent a defendant in a copyright infringement suit to raise a defense based on innocent infringement. Simply, it prevents a defendant from saying "I had no idea that this work was copyrighted and I should not have to pay damages for willful infringement."

The specific notice provisions are set forth in 17 U.S.C. § 401-406.

What is the Digital Millennium Copyright Act?

The DMCA, as it is known, has a number of different parts. One part is the anticircumvention provisions, which make it illegal to "circumvent" a technological measure protecting access to or copying of a copyrighted work. Another part gives web hosts and Internet service providers a "safe harbor" from copyright infringement claims if they implement certain notice and takedown procedures.

Where do I send a DMCA counter-notification?

If you believe your material was wrongly removed in response to a DMCA notification, and you choose to counter-notify to demand replacement, you should send your counter-notification to the DMCA Agent of the site that removed your page. If the agent isn't listed on the site, you can find a list of DMCA registered agents at the Copyright Office website.

Why does a web host, blogging service provider, or search engine get DMCA takedown notices?

Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(c)'s safe-harbor for hosts of "Information Residing on Systems or Networks At Direction of Users" or Section 512(d)'s 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 materials it hosts or links to, it can avoid the possibility of money damages by following the DMCA's takedown procedure when it gets a notice. The person whose information was removed can file a counter-notification if he or she believes the complaint was erroneous.

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.

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