DMCA (Copyright) Complaint to Google

sender

on behalf of SONY PICTURES TELEVISION NETWORKS IBERIA S.L.

[Private] , , , ES Sent on January 02, 2014

recipient

Google, Inc.

[Private] Mountain View, CA, 94043, US Received on January 02, 2014

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 Las páginas mencionadas reproducen y comunican públicamente los episodios, título, sinopsis e imágenes de la serie "Almost Human", sobre la que nuestro cliente, SONY PICTURES TELEVISION NETWORKS IBERIA S.L., ostenta derechos de autor.
Original URLs:
1. http://www.fox.com/almost-human/full-episodes/85438531780
Allegedly Infringing URLs:
1. http://almost-human.series007.com/
2. http://maxcine.net/almost-humancasi-humanos-cap-6-2/
3. http://maxcine.net/almost-humancasi-humanos-temporada-1/
4. http://megafilmeshd.net/series/almost-human.html
5. http://peliculas.movicer.com/2013/10/serie-de-tv-almost-human.html
6. http://seriesparaassistironline.com/2013/12/assistir-online-almost-human-s01e05-1x05-legendado.html
7. https://sites.google.com/site/almosthumans1e6/Home/almosthumanseason1episode6
8. http://watchseries.lt/episode/Almost_Human_s1_e5.html
9. http://www.cokeandpopcorn.ch/watch-almost-human-season-1-episode-2-online.php
10. http://www.couchtuner.eu/watch-almost-human/
11. http://www.filmesonlinegratis.net/assistir-almost-human-todas-as-temporadas-dublado-legendado-online.html
12. http://www.hulu.com/watch/560153
13. http://www.ibericatv.info/pelicula/2232/almost-human-1x02.html
14. http://www.mopvideo.com/tv-shows/almost-human/
15. http://www.primewire.ag/tv-2743310-Almost-Human
16. http://www.salvaonline.com/2013/12/ver-almost-human-1x05-sub-espanol-online.html
17. http://www.scifistream.com/almost-human/
18. http://www.serieonline.net/almost-human/temporada-1/01/
19. http://www.seriesbang.net/serie/ver-almost-human/
20. http://www.seriespepito.com/buscador/almost-human/
21. http://www.travelerstoday.com/articles/7977/20131216/watch-human-season-1-episode-6-online-free-live-stream.htm
22. http://www.tubeplus.me/player/2124266/Almost_Human/season_1/episode_1/Pilot/%22
23. http://www.tvids.net/watch662/Almost-Human/season-01-episode-02-Skin
24. http://www.veronlineseries.com.ar/2013/12/ver-almost-human-online-gratis.html
25. http://www.verseriesynovelas.com/2013/11/almost-human-1x02.html
26. http://www.verseriesynovelas.com/2013/11/almost-human-temporada-1-online.html
27. http://www.vingle.net/posts/220848-Watch-Almost-Human-Season-1-Episode-3-Online-video
28. http://www.watchfreemovies.ch/watch-tv-shows/2013/watch-almost-human-99409618/season-1/episode-4/
29. http://www.watchonlineseries.eu/show/almost-human/season/1/episode/2
30. http://www.watchseries-online.eu/category/almost-human
31. http://www.watch-tvseries.net/series662/Almost-Human/

Related FAQs

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.

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.

Does the DMCA require service providers to filter or monitor user postings to their sites?

No. The DMCA safe harbor protections apply to a service provider who responds expeditiously to notices of claimed infringement. Nothing in the statute imposes affirmative obligations to watch for or block potential future infringements.

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."

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

[not yet answered]

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.

What defenses are there to copyright infringement?

The primary defense to copyright infringement is "fair use." 17 U.S.C.

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 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)]

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.

Do DMCA 512 provisions apply to other rights such as defamation and trademark? [link to 569 for more info about trademark] [link to 436 for definition of word defamation] [link to 51 for trademark]

[not yet answered]

What rights are protected by copyright law?

The purpose of copyright law is to encourage creative work by granting a temporary monopoly in an author's original creations. This monopoly takes the form of six rights in areas where the author retains exclusive control. These rights are:

(1) the right of reproduction (i.e., copying), (2) the right to create derivative works, (3) the right to distribution, (4) the right to performance, (5) the right to display, and (6) the digital transmission performance right.

The law of copyright protects the first two rights in both private and public contexts, whereas an author can only restrict the last four rights in the public sphere. Claims of infringement must show that the defendant exercised one of these rights. For example, if I create unauthorized videotape copies of Star Trek II: The Wrath of Khan and distribute them to strangers on the street, then I have infringed both the copyright holder's rights of reproduction and distribution. If I merely re-enact The Wrath of Khan for my family in my home, then I have not infringed on the copyright. Names, ideas and facts are not protected by copyright.

Trademark law, in contrast, is designed to protect consumers from confusion as to the source of goods (as well as to protect the trademark owner's market). To this end, the law gives the owner of a registered trademark the right to use the mark in commerce without confusion. If someone introduces a trademark into the market that is likely to cause confusion, then the newer mark infringes on the older one. The laws of trademark infringement and dilution protect against this likelihood of confusion. Trademark protects names, images and short phrases.

Infringement regulation protects against confusion about the origin of goods. The plaintiff in an infringement suit must show that defendant's use of the mark is likely to cause such a confusion. For instance, if I were an unscrupulous manufacturer, I might attempt to capitalize on the fame of Star Trek by creating a line of 'Spock Activewear.' If consumers could reasonably believe that my activewear was produced or endorsed by the owners of the Spock trademark, then I would be liable for infringement.

The law of trademark dilution protects against confusion concerning the character of a registered trademark. Suppose I created a semi-automatic assault rifle and marketed it as 'The Lt. Uhura 5000.' Even if consumers could not reasonably believe that the Star Trek trademark holders produced this firearm, the trademark holders could claim that my use of their mark harmed the family-oriented character of their mark. I would be liable for dilution.

Does copyright protect techniques or methods?

No. Copyright protects only expression, not ideas. So while copyright might protect one author's description of a bookkeeping method, it does not prevent others from using the method or copying the forms needed to use it.

This "idea/expression dichotomy" is spelled out in part in the Copyright Act's Section 102(b):

"In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work."

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

[not yet answered]

How can I find out whether a work has a registered copyright?

Works are copyrighted as soon as they are "fixed in a tangible medium of expression," but some legal rights and remedies are available only if the work's copyright is registered. To find a copyright registration, you may search copyright records at the Copyright Office website, but be aware that not finding a match does not mean the work is uncopyrighted.

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DMCA (Copyright) Complaint to Google

sender

Bardají & Honrado Abogados

on behalf of SONY PICTURES TELEVISION NETWORKS IBERIA S.L.

recipient

Google, Inc.

Re: Websearch Infringement Notification via Online Form Complaint

Copyright claim #1