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 Chilling Effects Clearinghouse > DMCA Notices > Notices > DMCA (Copyright) Complaint to Twitter (NoticeID 664168, Printer-friendly version

DMCA (Copyright) Complaint to Twitter

October 25, 2012


Sender Information:
Sent by: [Private]

Recipient Information:
San Francisco, CA, 94107, USA

Sent via: Twitter form
Re: Dear Twitter, I am reporting copyright infringement.


YLee, Oct 22 10:58 am (PDT)


In response to your notice of claimed infringement, we have removed the reported materials from the site.


Twitter Trust & Safety----------------------------------------------

CEG_TEK, Oct 21 02:38 pm (PDT)

October 21, 2012

Attn: Copyright Agent
795 Folsom Street, Suite 600
San Francisco, CA 94107

Attn: Copyright Agent

CEG TEK International ("We") represent AKM Images Inc. AKM Images Inc owns all right, title and interest to the image (hereinafter "Work") listed below.

We have detected the unauthorized use of the work owned by AKM Images Inc listed below. The image is covered by a registered copyright or, an application for registration of the copyright has been submitted to the United States Copyright Office. Our records and those of AKM Images Inc indicate that you do not currently hold a proper license for the use of the Work displayed on your website.

Image Work Title: Robert Pattinson hangs 10 in Malibu, Image 2110
Copyright Owner: AKM Images Inc
Unauthorized Domain Name:
Unauthorized Image URL:
Unauthorized Page URL:
Timestamp: 2012-06-18 11:13:09 EDT

To review the full evidentiary information including copies of the original Work, infringing image(s), and screenshots, please visit and enter:

Case #: W305999
Password: xa4if

You are hereby notified that unauthorized use of AKM Images Inc's Work on the website identified above is a violation of the U.S. Copyright Act, 17 U.S.C. 106. In this regard, request is hereby made that you either:

(i) Produce proof of license of said image by emailing it to: If you are in possession of a valid license from AKM Images Inc for the use of the image, we apologize for any inconvenience this may cause. AKM Images Inc has a diligent protection policy to ensure consistent, optimum value and quality for its loyal customers.


(ii) Immediately and permanently cease and desist the unauthorized use and display of said image.

If you do not already hold a valid license or cease and desist as described above, you may be held liable for monetary damages, including attorney's fees and court costs if a lawsuit is commenced against you. You have until November 20, 2012 to permanently cease and desist the unauthorized use and display of said image.

If you fail to respond, cease and desist, or produce proof of license within the prescribed time period, the claim will be referred to our attorneys for legal action. Nothing contained or omitted from this correspondence is, or shall be deemed to be, either a full statement of the facts or applicable law, an admission of any fact, or waiver or limitation of any of AKM Images Inc's rights or remedies, all of which are specifically retained and reserved.

The information in this notice is accurate. We have a good faith belief that use of the material in the manner complained of herein is not authorized by the registered copyright owner, its agent, or by operation of law. We swear under penalty of perjury, that we are authorized to act on behalf of AKM Images Inc.


Ira M. Siegel, Esq.
Legal Counsel

CEG TEK International
8484 Wilshire Blvd., Suite 220
Beverly Hills, CA 90211

Toll Free: (877) 526-7974


FAQ: Questions and Answers

[back to notice text]

Question: Why does a search engine get DMCA takedown notices for materials in its search listings?

Answer: Many copyright claimants are making complaints under the Digital Millennium Copyright Act, Section 512(d), a 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 users' materials it links to, the provider can avoid the possibility of a lawsuit for money damages by following the DMCA's takedown procedure when it gets a complaint. The person whose information was removed can file a counter-notification if he or she believes the complaint was erroneous.

Question: What does a service provider have to do in order to qualify for safe harbor protection?

Answer: In addition to informing its customers of its policies (discussed above), a service provider must follow the proper notice and takedown procedures (discussed above) and also meet several other requirements in order to qualify for exemption under the safe harbor provisions.

In order to facilitate the notification process in cases of infringement, ISPs which allow users to store information on their networks, such as a web hosting service, must designate an agent that will receive the notices from copyright owners that its network contains material which infringes their intellectual property rights. The service provider must then notify the Copyright Office of the agent's name and address and make that information publicly available on its web site. [512(c)(2)]

Finally, the service provider must not have knowledge that the material or activity is infringing or of the fact that the infringing material exists on its network. [512(c)(1)(A)], [512(d)(1)(A)]. If it does discover such material before being contacted by the copyright owners, it is instructed to remove, or disable access to, the material itself. [512(c)(1)(A)(iii)], [512(d)(1)(C)]. The service provider must not gain any financial benefit that is attributable to the infringing material. [512(c)(1)(B)], [512(d)(2)].

Question: What are the provisions of 17 U.S.C. Section 512(c)(3) & 512(d)(3)?

Answer: 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: 1) a physical/electronic signature of a person authorized to act on behalf of the owner of the infringed right; 2) identification of the copyrighted works claimed to have been infringed; 3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed; 4) information reasonably sufficient to permit the service provider to contact the complaining party (e.g., the address, telephone number, or email address); 5) a statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner; and 6) 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.

Question: Does a service provider have to follow the safe harbor procedures?

Answer: No. An ISP may choose not to follow the DMCA takedown process, and do without the safe harbor. If it would not be liable under pre-DMCA copyright law (for example, because it is not contributorily or vicariously liable, or because there is no underlying copyright infringement), it can still raise those same defenses if it is sued.

Question: How do I file a DMCA counter-notice?

Answer: 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.

For more information on the DMCA Safe Harbors, see the FAQs on DMCA Safe Harbor. For more information on Copyright and defenses to copyright infringement, see Copyright.

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