Photos DMCA (Copyright) Complaint to Google

sender

on behalf of Scarlett Johansson

[Private] , , , US Sent on September 16, 2011

recipient

Google, Inc. [Googleplus]

[Private] Mountain View, CA, 94043, US Received on September 16, 2011

Re: Infringement Notification via Googleplus Complaint

Sent via: online form: Form

Notice Type:: Dmca

Action taken:: Yes

Copyright claim #1

Kind of Work: image

Description Stolen hacked copies of highly personal and private photographs which capture our client self-posing in her own home in a state of undress and/or topless (the “Photo(s)”)
Original URLs:
Allegedly Infringing URLs:
1. http://1.bp.blogspot.com/-gHIgFBrIwOQ/TnCrx4BPrdI/AAAAAAAABrI/NnbMs6M4__k/s400/scarlett-johansson-leaked-boobs-photo.jpg
2. http://3.bp.blogspot.com/-NdlVCipW3XE/TnCrx03VjlI/AAAAAAAABrE/FUXEKNqvwZ4/s400/scarlett-johansson-leaked-ass-photo.jpg

Related FAQs

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 are the criteria a service provider must satisfy in order to qualify for safe harbor protection under Subsection 512(a) of the Digital Millennium Copyright Act?

Subsection 512(a) provides a safe harbor for service providers in regard to communications that do not reside on the service provider

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 the DMCA 512 provisions apply to page-rank hijacking or sites getting higher page ranks?

[not yet answered]

What is the difference between plagiarism and copyright infringement?

Many people confuse the two, but copyright infringement and plagiarism are different concepts. Plagiarism occurs when a dishonest writer, or some other person, copies another's words or ideas without attributing them to the true author. Black's Law Dictionary 1170 (7th ed.1999). With plagiarism, it does not matter whether the words are copyrighted .

What is penalty of perjury?

Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. Perjury is a crime because the witness has sworn to tell the truth and, for the credibility of the court, witness testimony must be relied on as being truthful. The rules for perjury apply when a person has made a statement under penalty of perjury, even if the person has not been sworn or affirmed as a witness before an appropriate official.

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.

Does a complainant need to contact the alleged infringer before sending a 512 notice to an ISP?

[not yet answered]

What elements are necessary for an effective DMCA notification?

Section 512(c)(3) sets out the elements for notification under the DMCA. Subsection A (17 U.S.C. 512(c)(3)(A)) states that to be effective a notification must include:

a physical/electronic signature of a person authorized to act on behalf of the owner of the infringed right;
identification of the copyrighted works claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address);
a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and
a statement that information in the complaint is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

Subsection B (17 U.S.C. 512(c)(3)(B)) states that if the complaining party does not substantially comply with these requirements the notice will not serve as actual notice for the purpose of Section 512.

Section 512(d)(3), which applies to "information location tools" such as search engines and directories, incorporates the above requirements; however, instead of the identification of the allegedly infringing material, the notification must identify the reference or link to the material claimed to be infringing.

Does a DMCA takedown mean the material taken down was infringing?

No. ISPs can take down material according to the DMCA anytime they receive a compliant notice alleging copyright infringement

The ISP does not have to investigate to determine whether the material was truly infringing before taking it down. The fact that someone has claimed infringement does not prove that infringement occurred -- there might be a fair use defense, or the claim might have been false or frivolous.

In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions of the DMCA require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)] If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]

A proper counter-notice must contain the following information:

The subscriber's name, address, phone number and physical or electronic signature [512(g)(3)(A)]
Identification of the material and its location before removal [512(g)(3)(B)]
A statement under penalty of perjury that the material was removed by mistake or misidentification [512(g)(3)(C)]
Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. [512(g)(3)(D)]

If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]

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.

What happens if an individual is found to repeatedly infringe?

The safe harbor provisions require the service provider to include in its copyright infringement policies a termination policy that results in individuals who repeatedly infringe copyrighted material being removed from the service provider networks. [512(i)(1)(A)] This termination policy must be made public in the terms of use that the service provider includes in its contracts or on its web site.

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 commercial reproduction of copyrighted materials?

Commercial reproduction is reproduction of multiple copies of copyrighted materials, in whole or in part, for the purposes of commercial redistribution. The permission granting process of copyrighted materials helps ensure individuals/organizations wishing to reproduce such materials for commercial purposes have access to the most accurate, up-to-date versions.

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)

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Photos DMCA (Copyright) Complaint to Google

sender

Lavely & Singer PC

on behalf of Scarlett Johansson

recipient

Google, Inc. [Googleplus]

Re: Infringement Notification via Googleplus Complaint

Copyright claim #1