Video DMCA (Copyright) Complaint to Google

sender

on behalf of NBCUniversal

[Private] , , , US Sent on April 16, 2012

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on April 16, 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 Battleship
Original URLs:
Allegedly Infringing URLs:
1. http://rapidlinks.org/link/?lnk=321287
2. http://tehparadox.com/forum/f56/battleship-2012-italian-cam-450mb-4032828/
3. http://tehparadox.com/forum/f56/battleship-2012-italian-md-cam-xvid-deep-4032745/
4. http://www.1channel.ch/watch-2335177-Battleship
5. http://www.cinetube.es/peliculas/ciencia-ficcion/battleship_v-o-cam-putlocker-31514.html
6. http://www.cinetube.es/peliculas/ciencia-ficcion/ver-pelicula-battleship.html
7. http://www.downtr.co/1014054-battleship-2012-cam-readnfo-xvid-26k.html
8. http://www.excmovies.com/2012/04/16/battleship-2012-cam-500mb/
9. http://www.filesonicsearch.com/download/7yOGrNyL0FQ0EO0fHydTH8/Battleship-2012-DVDrip-Xvid.html
10. http://www.filestube.com/7dgfIXaVGzpS2BNXmvxy4y/Battleship-Trailer-02.html
11. http://www.filestube.com/ae425ddc0fcc07a203e9,g/BattleShip-JAVA.html
12. http://www.filestube.com/b/battleship+movie
13. http://www.filestube.com/bk0vdJdw4yRuikmmrtmzm0/Battleship-Movie-Trailer-HD-buynowfilms-com-avi.html
14. http://www.filestube.com/bS89MEiDFuaJvOye7N8Akz/Battleship-2012-DVDrip-Xvid.html
15. http://www.filestube.com/look_for.html?q=battleship+2012&page=2
16. http://www.filestube.com/look_for.html?q=battleship+2012&page=3
17. http://www.filestube.com/look_for.html?q=battleship+avi&page=8
18. http://www.filestube.com/search.html?q=battleships
19. http://www.filestube.com/source.html?token=02daa08f087d5e9a03e9
20. http://www.myrls.eu/films/movies/the-cold-light-of-day-2012-cam-xvid-p2p/
21. http://www.newddl.org/battleship-2012-cam-readnfo-xvid-26k/
22. http://www.solarmovie.eu/watch-battleship-2012.html
23. http://www.warez-bb.org/viewtopic.php?p=60776944&sid=38e0d4d4f107fd590692002a655054b6

Related FAQs

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 the notice and takedown procedures for web sites?

In order to have an allegedly infringing web site removed from a service provider's network, or to have access to an allegedly infringing website disabled, the copyright owner must provide notice to the service provider with the following information:

The name, address, and electronic signature of the complaining party [512(c)(3)(A)(i)]
The infringing materials and their Internet location [512(c)(3)(A)(ii-iii)], or if the service provider is an "information location tool" such as a search engine, the reference or link to the infringing materials [512(d)(3)].
Sufficient information to identify the copyrighted works [512(c)(3)(A)(iv)].
A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)].
A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].

Once notice is given to the service provider, or in circumstances where the service provider discovers the infringing material itself, it is required to expeditiously remove, or disable access to, the material. The safe harbor provisions do not require the service provider to notify the individual responsible for the allegedly infringing material before it has been removed, but they do require notification after the material is removed.

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.

May I freely copy from federal government documents?

Yes. Works produced by the US government, or any government agency or person acting in a government capacity, are in the public domain. So are the texts of legal cases and statutes from state or federal government. Private contractors working for the government, however, can license or transfer copyrights to the US government, and those copyrights remain enforceable.

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.

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 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.

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 the World Intellectual Property Organization

The World Intellectual Property Organization (WIPO) is one of the specialized agencies of the United Nations. WIPO was created in 1967 with the stated purpose of encouraging creative activity and promoting the protection of intellectual property throughout the world.

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

[not yet answered]

Does a complainant have to prove that they own the copyright?

[not yet answered]

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.

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.

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.

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