RIAA DMCA (Copyright) Complaint to Google

sender

on behalf of RIAA

[Private] Washington, DC, , US Sent on September 22, 2009

recipient

Google, Inc. [Blogger]

[Private] Mountain View, CA, , US Received on September 22, 2009

Re: Unknown

Sent via: email

Notice Type:: Dmca

Action taken:: Yes

Body

RE: http://baydrblaze.blogspot.com/2009/09/new-gorilla-zoe-oj-da-juiceman-gucci.html http://itwillbeheard.blogspot.com/2009/09/afi-crash-love.html http://rockxforlife.blogspot.com/2009/09/afi-crash-love-2009.html http://freemusicdownload12.blogspot.com/2009/09/afi-crash-lovenew-albumwebrip.html http://midhulcontents.blogspot.com/2009/09/afi-crash-love.html http://grupospaindirecto.blogspot.com/2009/09/afi-crash-love-2009.html http://cdscompletosdownload.blogspot.com/2009/09/afi-crash-love-2009_22.html http://thefirstrock.blogspot.com/2009/09/afi-crash-love-2009.html http://emoneysblog.blogspot.com/2009/09/50-cent-dreamin-prod-by-dr-dre.html http://cre8tivebrilliance.blogspot.com/2009/09/dj-kay-slay-feat-50-cent-dreamin-prod.html http://hiphopglobalizado.blogspot.com/2009/09/baixar-50-cent-dreamin-prod-by-dr-dre.html http://365hits.blogspot.com/2009/09/dj-kay-slay-ft-50-cent-dreamin-prod-by.html http://dasaent.blogspot.com/2009/09/dj-kay-slay-feat50-cent-dreamin-prod-dr.html http://nexxustheyounggunna.blogspot.com/2009/09/50-centdreamin-prod-by-dr-dre.html http://thenewsauga.blogspot.com/2009/09/dj-kay-slay-feat-50-cent-dreamin.html http://punchlineblog.blogspot.com/2009/09/50-cent-dreamin-cdq.html http://featuredhiphop.blogspot.com/2009/09/audio-50-cent-dreamin-radio-rip-prod-by.html http://hiphopealive.blogspot.com/2009/09/50-cent-dreamin-prod-by-dr-dre.html http://muzikminute.blogspot.com/2009/09/50-cent-dreamin-produced-by-dr-dre.html http://ringinthaalarm.blogspot.com/2009/09/50-cent-dreamin.html http://thisishustlin.blogspot.com/2009/09/50-cent-dreamin-prod-by-dr-dre-radio.html http://new-musicamigos.blogspot.com/2009/09/descarga-aki-afi-crash-love.html http://killthekidsfirst.blogspot.com/2009/09/afi-crash-love-2009.html http://ajsupreme.blogspot.com/2009/09/new-hot-supreme-jam-alicia-keys-doesnt.html http://discotrax80s.blogspot.com/2008/05/duran-duran-reflex-maxi-single-1984.html http://sttvs.blogspot.com/2009/04/depeche-mode-question-of-lust.html http://dotgotit.blogspot.com/2009/08/ghostface-killah-more-fish-2006.html http://a-pastilha-elastica.blogspot.com/2009/09/album-paramore-brand-new-eyes.html http://www.blazingswarm.com/2009/09/mariah-carey-memoirs-of-imperfect-angel_21.html http://zonafunk.blogspot.com/2009/08/aretha-franklin-greatest-hits.html http://laciteedessourd.blogspot.com/2009/09/aretha-franklin-love-all-hurt-away-1981.html http://101hdworld.blogspot.com/2009/07/radiohead-fake-plastic-trees-1920x1080.html http://12eres.blogspot.com/2009/07/depeche-mode-policy-of-truth-capitol.html http://3-2-0.blogspot.com/2009/04/ghostface-killah-more-fish-2006.html http://4oclockttime.blogspot.com/2009/09/massive-attack-splitting-atom.html http://66rock.blogspot.com/2009/09/black-and-white-blues.html http://80s90sdecoleccion.blogspot.com/2008/06/david-bowie-china-girl-extended-version.html http://9-9.blogspot.com/2008/07/verses-10-beach-boys-barbara-ann.html http://9dademusical.blogspot.com/2009/09/mariah-carey-memoirs-of-imperfect-angel.html http://achristmasspecial.blogspot.com/2007/12/nat-king-cole-christmas-song.html http://adegarock.blogspot.com/2008/01/kansas-ultimate-kansas.html http://albheartmusic.blogspot.com/2009/09/sean-paul-imperial-blaze-album-2009.html http://alelezinho.blogspot.com/2009/09/dvd-tina-turner-simply-best-1991.html http://amplitudesonora.blogspot.com/2009/02/iron-maiden_2954.html http://a-pastilha-elastica.blogspot.com/2009/09/album-mariah-carey-memoirs-of-imperfect.html http://appletoolkit.blogspot.com/2009/05/red-hot-chili-peppers-live-at-slane.html http://aquisotemrock.blogspot.com/2008/10/dvd-red-hot-chili-peppers-live-at-slane.html http://ariesdance.blogspot.com/2008/06/depeche-mode-policy-of-truth-capitol.html http://armazemgeralhome.blogspot.com/2009/09/bob-dylan-bringing-it-all-back-home.html http://atmcsound.blogspot.com/2009/08/radiohead-my-iron-lung-ep-1994.html http://axesofheavymetal.blogspot.com/2009/05/iron-maiden-seventh-son-of-seventh-son.html http://ayamkampunk.blogspot.com/2009/09/paramore-brand-new-eyes-album-2009.html http://bandalo-solo-musica.blogspot.com/2009/09/fedde-le-grand-output-2009.html http://baratomusical.blogspot.com/2009/03/1523-iron-maiden-seventh-son-of-seventh.html http://barichard.blogspot.com/2008/10/depeche-mode-policy-of-truth.html http://bazseszevil.blogspot.com/2009/09/alice-in-chains-black-gives-way-to-blue.html http://bcubsmusic.blogspot.com/2008/05/tina-turner-missing-you.html http://bibliotecadelmetalrock.blogspot.com/2009/03/biblioteca-del-metal-rock-quieres-metal.html http://bleedingkillconstruction.blogspot.com/2009/06/iron-maiden-seventh-son-of-seventh-son.html http://blogdosforistas.blogspot.com/2009/01/beach-boys-surfs-up.html http://blogdosforistas.blogspot.com/2009/06/electric-light-orchestra-out-of-blue.html http://blogzardoz.blogspot.com/2009/02/electric-light-orchestra-all-over-world.html http://bluavlk.blogspot.com/2008/07/david-bowie-lodger-1979.html http://bluavlk.blogspot.com/2008/10/iron-maiden-seventh-son-of-seventh-son.html http://carlosfilho-downloads.blogspot.com/2009/09/download-cd-veronicas-revenge-is.html http://celiosom.blogspot.com/2009/04/beach-boys-surfs-up.html http://celiosom.blogspot.com/2009/05/electric-light-orchestra-out-of-blue.html http://centrodownload.blogspot.com/2007/08/msicas-01.html http://choquegratis2.blogspot.com/2007/12/tina-turner-simply-best.html http://chupchick.blogspot.com/2009/07/radiohead-in-rainbows-cd2-2007.html http://classicosdofunk.blogspot.com/2008/08/kraftwerk-trans-europe-express-capitol.html http://clipdahora.blogspot.com/2009/08/radiohead-creep-clip.html http://clipdahora.blogspot.com/2009/08/radiohead-just-clip.html http://cocacola-music.blogspot.com/2009/09/cd-tiesto-kaleidoscope-2009.html http://coolmen-softarchive.blogspot.com/2009/07/iron-maiden-seventh-son-of-seventh-son.html http://cooors.blogspot.com/2009/01/nat-king-cole-love-is-thing-and-more.html http://cricaguedes.blogspot.com/2009/09/fedde-le-grand-output-2009.html http://crushdownloads.blogspot.com/2009/09/veronicas-revenge-is-sweeter-tour-2009.html http://de4r.blogspot.com/2009/07/lyfe-jennings-lyfe-268-192-2004.html http://deepdarkprogressive.blogspot.com/2009/09/beatport-beatport-20-episode-47-19-sep.html http://dicasnetwork.blogspot.com/2009/09/creed-full-circle-2009-mp3-download.html http://dicasnetwork.blogspot.com/2009/09/newton-faulkner-rebuilt-by-humans-2009.html http://dicasnetwork.blogspot.com/2009/09/pearl-jam-backspacer-2009-mp3-download.html http://discomagia.blogspot.com/2009/05/queen-bicycle-race-1978.html http://discotrax80s.blogspot.com/2009/01/depeche-mode-master-and-servant-12-maxi.html http://disneydownloads-jp.blogspot.com/2009/08/lady-gaga-lovegame-mtv-hits.html http://distantshiver.blogspot.com/2009/04/iron-maiden-seventh-son-of-seventh-son.html http://djleoblackmusicdownloads.blogspot.com/2009/09/mariah-carey-memoirs-of-imperfect-angel.html http://djnerado-djnerado.blogspot.com/2008/10/duran-duran-reflex.html http://dotgotit.blogspot.com/2009/09/50-cent-dreamin-prod-by-drdre-cdq.html http://doubtlessone.blogspot.com/2009/09/soundtrack-pulp-fiction.html http://dovinilaocd.blogspot.com/2009/02/nat-king-cole-mis-amigos-1959.html Dear Sir or Madam: I am contacting you on behalf of the Recording Industry Association of America, Inc. (RIAA) and its member record companies. The RIAA is a trade association whose member companies create, manufacture and distribute approximately eighty-five (85) percent of all legitimate sound recordings sold in the United States. Under penalty of perjury, we submit that the RIAA is authorized to act on behalf of its member companies on matters involving the infringement of their sound recordings, including enforcing their copyrights and common law rights on the Internet. We have learned that your service is hosting the above web sites on your network. These sites are offering direct links to files containing sound recordings for other users to download by such artists as 50 Cent, Massive Attack, Radiohead, Sean Paul, and Mariah Carey. These recordings are owned by one of our member companies and have not been authorized for this kind of use. We have a good faith belief that the above-described activity is not authorized by the copyright owner, its agent, or the law. We assert that the information in this notification is accurate, based upon the data available to us. We are asking for your immediate assistance in stopping this unauthorized activity. Specifically, we request that you remove the sites or the infringing links from your system, or that you disable access to the sites or the infringing links, and that you inform the site operator of the illegality of his or her conduct. You should understand that this letter constitutes notice to you that this site operator may be liable for the infringing activity occurring on your service. In addition, under the Digital Millennium Copyright Act, if you ignore this notice, you and/or your company may also be liable for any resulting infringement. This letter does not constitute a waiver of any right to recover damages incurred by virtue of any such unauthorized activities, and such rights as well as claims for other relief are expressly retained. Please note: We have submitted a signature to be placed on file with Google. You may contact me at RIAA, [redacted], Washington, DC, 20004, Tel. (202) [redacted], or e-mail [redacted]riaa.com, to discuss this notice. We await your response. Kind regards. Sincerely, [redacted] VP, Online Anti-Piracy RIAA

Related FAQs

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

Can a hyperlinker be protected by the DMCA safe-harbor?

Someone who posts hyperlinks to online material may benefit from the DMCA safe harbor in section 512(d), "information location tools." If you linked to materials without knowing they were infringing, but then receive a notice of claimed infringement, you can claim the statutory immunity if you remove the link expeditiously.

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.

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)

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."

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.

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.

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

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 subject matter is not copyrightable?

Copyright protects original works of authorship fixed in a tangible medium. Copyright does not protect facts, ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries. 17 U.S.C.

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 can happen to an ISP if it does not take down the requested information?

[not yet answered]

What constitutes unlicensed copy and display of copyrighted material?

Unlicensed use or distribution of copyrighted works is illegal and may be considered a criminal act. Copyright law grants the exclusive right to use, copy, distribute, display, and perform a copyrighted work to the owner of the copyright. The owner of the copyright is the only entity that may grant permission for anyone to use, copy, distribute, display and perform the 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 defenses are there to copyright infringement?

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

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