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 Chilling Effects Clearinghouse > DMCA Notices > Notices > DMCA (Copyright) Complaint to Twitter (NoticeID 771435, http://chillingeffects.org/N/771435) Printer-friendly version

DMCA (Copyright) Complaint to Twitter

January 07, 2013

 

Sender Information:
Cricket South Africa
Sent by: [Private]
Legal Counsel
Bangalore, Karnataka, 560046, India

Recipient Information:
[Private]
Twitter
San Francisco, CA, 94107, USA


Sent via: online form
Re: Infringement Notification via Twitter Complaint

DMCA Takedown Notice:

Reporter: I am an authorized representative of the copyright owner.
Copyright Owner: Cricket South Africa
Name: [redacted]
Company: Copyright Integrity International
Job title: Legal Counsel

City: Bangalore
State/Province: Karnataka
Country: India
-------

Reported Twitter account: @AchiDosti5

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/AchiDosti5/status/284615819906908160

Reported Tweet Content: cricket-365.info

Iss link par dekhein
LIVE CRICKET !!

Reported Tweet Time: Dec 28 2012 11:04:34 via Facebook

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @Aminaa_K94

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/Aminaa_K94/status/285249755565670400

Reported Tweet Content: @Saalekak150 webcric.com webcric.com/live-cricket_s…

Reported Tweet Time: Dec 30 2012 05:03:36 via web

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @BrianZW1

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/BrianZW1/status/286410558465527809

Reported Tweet Content: @Nde_WaShe cricket-365.info click chero pakanzi india vs england, all u gotta do is remove adverts when they come up

Reported Tweet Time: Jan 02 2013 09:56:13 via Twitter for iPad

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @FreeSiteReport

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/FreeSiteReport/status/284896730397433857

Reported Tweet Content: cricket-365.info Estimated Traffic Net Worth $39,857. Freewebsitereport.org/www.cricket-36…

Reported Tweet Time: Dec 29 2012 05:40:48 via freewebsitereport.org

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @KGDXB

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/KGDXB/status/284617098334965760

Reported Tweet Content: @RSheikhh samistream.com/starcricketliv…

Reported Tweet Time: Dec 28 2012 11:09:38 via Echofon

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @KGDXB

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/KGDXB/status/284650435917271043

Reported Tweet Content: @FarriRizvi samistream.com/starcricketliv…

Reported Tweet Time: Dec 28 2012 13:22:07 via Echofon

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @M4Murtaza

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/M4Murtaza/status/284627717276712960

Reported Tweet Content: 2nd #T20 match #IndvsPak .live streaming webcric.com/live-cricket_s…

Reported Tweet Time: Dec 28 2012 11:51:50 via web

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @mutaharmehdi

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/mutaharmehdi/status/284666939731746817

Reported Tweet Content: @MujtabaMehdi try khantv.com or samistream.com :)

Reported Tweet Time: Dec 28 2012 14:27:41 via web

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @RRizvi

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/RRizvi/status/285288707035127808

Reported Tweet Content: webcric.com/live-cricket_s… LIVE STREAM GUYS

Reported Tweet Time: Dec 30 2012 07:38:22 via web

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @sheik007

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/sheik007/status/285327351561199616

Reported Tweet Content: வொர்க்கிங் :-))) webcric.com/live-cricket_s… link via @Perungayam

Reported Tweet Time: Dec 30 2012 10:11:56 via web

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @i_kanwaranabeel

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/i_kanwaranabeel/status/286826160183193600

Reported Tweet Content: @FarriRizvi webcric.com

Reported Tweet Time: Jan 03 2013 13:27:40 via Twitter for iPhone

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @djdeens

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/djdeens/status/286825226174603265

Reported Tweet Content: @FarriRizvi webcric.com

Reported Tweet Time: Jan 03 2013 13:23:57 via TweetDeck

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @PoetVogonJeltz

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/PoetVogonJeltz/status/286823141202878465

Reported Tweet Content: @MKhwaja_ Was watching on webcric.com.

Reported Tweet Time: Jan 03 2013 13:15:40 via web

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @25waleed

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/25waleed/status/286818273335595008

Reported Tweet Content: @5hobi webcric.com

Reported Tweet Time: Jan 03 2013 12:56:19 via Twitter for iPhone

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @_amirz

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/_amirz/status/286810941864157184

Reported Tweet Content: @SamadK Janab, try webcric.com , crictime.com , khantv.com

Reported Tweet Time: Jan 03 2013 12:27:11 via web

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @AhsanMalik1992

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/AhsanMalik1992/status/286808613836697600

Reported Tweet Content: Webcric.com is the best link for live streaming :) #PakvsInd #IndvPak #Pakistan

Reported Tweet Time: Jan 03 2013 12:17:56 via Twitter for iPhone

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @TheRealDjDanny

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/TheRealDjDanny/status/286807356141096960

Reported Tweet Content: @XpolymerDar webcric.com ?

Reported Tweet Time: Jan 03 2013 12:12:56 via web

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @iftekhar128

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/iftekhar128/status/286804573845352448

Reported Tweet Content: @RogerKeeShurli webcric.com

Reported Tweet Time: Jan 03 2013 12:01:53 via Twitter for Android

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @Boti2UrNihari

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/Boti2UrNihari/status/286802740015935488

Reported Tweet Content: @_whatthemehek just watch it at webcric.com

Reported Tweet Time: Jan 03 2013 11:54:36 via Twitter for iPhone

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

---

Reported Twitter account: @drsaleem007

Reported material on Twitter: Tweet(s)

Description of original work: The intellectual property rights include the copyright in and the rights to broadcast live cricket matches of the New Zealand tour of South Africa 2012 - 2013 (“CSA-Fixtures”) organised under the auspices of the Cricket South Africa ("CSA"). These rights originate with CSA. CSA and its official partners and licensees are entitled to enforce these rights.

Description of infringement: The unlicensed hosting and embedding of the CSA-Fixtures infringes the exclusive rights of distribution exercised by CSA and its broadcast partners, where CSA is the rights originator for the CSA-Fixtures.

Reported Tweet URL: https://twitter.com/drsaleem007/status/286790932777558016

Reported Tweet Content: @Naseerzk webcric.com

Reported Tweet Time: Jan 03 2013 11:07:41 via web

Where does this Tweet link to?: The Tweet links to another website where the infringing material is made available.

Where is the infringing material?: The linked website links to another website where the infringing material is available for display or download.

Infringing material still available?: I have confirmed that the infringing material is available for display or download at the linked site as of the submission of this notice.

-------

512(f) Acknowledgment: I understand that under 17 U.S.C. § 512(f), I may be liable for any damages, including costs and attorneys' fees, if I knowingly materially misrepresent that reported material or activity is infringing.

Good Faith Belief: I have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

Authority to Act: The information in this notification is accurate, and I state under penalty of perjury that I am authorized to act on behalf of the copyright owner.

Signature: [redacted]

 
FAQ: Questions and Answers

[back to notice text]


Question: Why does a user-generated content site get DMCA takedown notices for links users have posted?

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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