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 Chilling Effects Clearinghouse > DMCA Notices > Notices > BPI DMCA (Copyright) Complaint to Google (NoticeID 40373, http://chillingeffects.org/N/40373) Printer-friendly version

BPI DMCA (Copyright) Complaint to Google

June 11, 2010

 

Sender Information:
BPI (British Recorded Music Industry) Ltd
Sent by:
[Private]


London, UK

Recipient Information:

Google, Inc.


Mountain View, CA, USA


Sent via: email
Re: DMCA Notice

BPI (British Recorded Music Industry) Limited ("BPI") is the UK national
group for the International Federation of Phonographic Industries
("IFPI"). Our members comprise over 300 record companies in the United
Kingdom. Between them our members are responsible for the production or
distribution of the vast majority of sound recordings sold and/or
distributed legally within the United Kingdom. The BPI is also mandated to
act on behalf of the members of Phonographic Performance Limited ("PPL")
and in this respect, to protect the rights that are owned or controlled by
members of PPL, as well those that are owned or controlled by BPI.
Part of our work involves monitoring the internet and taking action against
persons that use, facilitate, enable and/or authorise the use of material
in a manner that infringes the rights of the members of BPI and PPL.
We have identified the following links that are available via Google's
search engine, and request the following links be removed as soon as
possible as they directly link to sound recordings owned by our members.
Regards,
[redacted]



1. Copyrighted work(s):

Sound recording "Dirtee Disco" by Dizzee Rascal. The owner of this
copyright work is Dirtee Stank, a PPL member.

Sound recording "Solo" by Iyaz. The owner of this copyright work
is Warner Music, a BPI member.

Sound recording "Ridin' Solo" by Jason Derulo. The owner of this
copyright work is Warner Music, a BPI member.

Sound recording "Not Afraid" by Eminem. The owner of this copyright work
is Universal, a BPI member.

Sound recording "Eenie Meenie" by Sean Kingston & Justin Bieber. The
owner of this copyright work is Sony Music, a BPI member.

Sound recording "OMG (feat. will.i.am)" by Usher. The owner of this
copyright work is Sony Music, a BPI member.

Sound recording "Wavin' Flag" by K'naan. The owner of this copyright
work is Universal, a BPI member.

Sound recording "Your Love Is My Drug" by Ke$ha. The owner of this
copyright work is Sony Music, a BPI member.

Sound recording "Make Me Wanna Die" by The Pretty Reckless. The owner of
this copyright work is Universal, a BPI member.

Sound recording "Dirty Picture (feat. Ke$ha)" by Taio Cruz. The owner of
this copyright work is Universal, a BPI member.

Sound recording "Pass Out" by Tinie Tempah. The owner of this copyright
work is EMI, a BPI member.

Sound recording "Guns And Horses" by Ellie Goulding. The owner of this
copyright work is Universal, a BPI member.

Sound recording "This Ain't A Love Song" by Scouting for Girls. The
owner of this copyright work is Sony Music , a BPI member.

Sound recording "I Like" by Keri Hilson. The owner of this copyright
work is Universal, a BPI member.

Sound recording "I Dreamed A Dream" by Glee Cast. The owner of this
copyright work is Sony Music, a BPI member.

Sound recording "Haven't Met You Yet" by Michael Buble. The owner of
this copyright work is Warner Music, a BPI member.

Sound recording "Not Myself Tonight" by Christina Aguilera. The owner of
this copyright work is Sony Music, a BPI member.
Sound recording "Alejandro" by Lady Gaga. The owner of this copyright
work is Universal, a BPI member.



2. Search query:

A. dizzee rascal dirtee disco
B. iyaz solo
C. iyaz solo download
D. iyaz solo mp3
E. iyaz solo rapidshare
F. jason derulo ridin' solo mp3
G. eminem not afraid download
H. eminem not afraid mp3
I. eminem not afraid rapidshare
J. eminem not afraid megaupload
K. eminem not afraid mediafire
L. sean kingston justin bieber eenie meenie free mp3
M. usher omg (feat. will.i.am) download
N. usher omg (feat. will.i.am) zippyshare
O. k'naan wavin' flag download
P. k'naan wavin' flag zippyshare
Q. k'naan wavin' flag 4shared
R. ke$ha your love is my drug free mp3
S. the pretty reckless make me wanna die download
T. the pretty reckless make me wanna die free download
U. the pretty reckless make me wanna die megaupload
V. taio cruz dirty picture (feat. ke$ha) download
W. tinie tempah pass out download
X. tinie tempah pass out free mp3
Y. ellie goulding guns and horses download
Z. scouting for girls this ain't a love song 4shared
AA. keri hilson i like download
BB. keri hilson i like mp3
CC. glee cast i dreamed a dream free download
DD.glee cast i dreamed a dream zippyshare
EE. glee cast i dreamed a dream 4shared
FF. michael bublé haven't met you yet free mp3
GG. michael bublé haven't met you yet mp3
HH. christina aguilera not myself tonight download
II. christina aguilera not myself tonight mp3
JJ. lady gaga alejandro mp3
KK. lady gaga alejandro zippyshare
LL. lady gaga alejandro megaupload

Infringing Site Location(s):

A. http://usershare.net/ipdftw09i5vx
B. http://usershare.net/uz622pqr80j2
http://www.4shared.com/audio/5gyDWRu5/Iyaz_-Solo.htm
http://usershare.net/6bar92uaqx04
C. http://usershare.net/f913x0kjzppm
D. http://www.4shared.com/audio/F13FEK_e/Iyaz_-_Solo.htm
E. http://www.megaupload.com/?d=T2FV2KKM
F. http://usershare.net/93u53c8e472e
G. http://www.4shared.com/audio/WpnmDZAZ/Eminem_-
_Not_Afraid___Single_V.html
H. http://usershare.net/qv5usrr31bun
I. http://www.megaupload.com/?d=ERP5ZUJP
J. http://www.megaupload.com/?d=2RSYYQIT
K. http://www.mediafire.com/?hy2mu2od5oy
L. http://www.4shared.com/audio/f2EprddW/Sean_Kingston__Justin_Bie
ber-E.html
M. http://www.4shared.com/audio/M7o_GFI0/06_OMG__Feat_WillIAm_.htm
N. http://www46.zippyshare.com/view.jsp?locale=en&key=45440276
O. http://www.2shared.com/file/6659507/b3267eb2/KNaan_-
_Wavin_Flag.html
P. http://www.4shared.com/audio/tD5rz_sY/Knaan_-
Wavin_Flag_ft_WillIAm.html
Q. http://www.4shared.com/file/119732765/497f3671/07_knaan_-
_wavin_flag.html?s=1
R. http://www.4shared.com/account/audio/nW9Lqj3p/Keha_-
_Your_Love_Is_My_Drug.html
S. http://www.4shared.com/audio/jY0Xge49/06_The_Pretty_Reckless_-
Make.html
T. http://www.mediafire.com/?o4gwyntm1rw
U. http://www.mediafire.com/?lkg2t22fmx2
V. http://www.4shared.com/audio/9m__LACN/Taio_Cruz_ft_Keha_-
_Dirty_Pict.htm
W. http://www.4shared.com/audio/E_4Cyh9X/tinie_tempah_-
_pass_out.html
X. http://www.4shared.com/audio/QEs2ktQU/Tinie_Tempah_-
_Pass_Out.html
Y. http://www.4shared.com/account/file/241755540/58b2c5cd/01_Guns_
And_Horses.html
Z. http://www.4shared.com/audio/RAWRdmb9/01_This_Aint_A_Love_Song.
html
AA. http://www.4shared.com/audio/aMH5qK2_/Keri_Hilson_-
_I_Like_wwwshuffl.html?start=
BB. http://www.4shared.com/file/143935015/483cbed0/Keri_Hilson_-
_I_Like_5STARHIPHOPCOM.html
CC. http://www.sendspace.com/file/nbrjou
http://hotfile.com/dl/43611655/8b73d9c/Glee_Cast_-
_I_Dreamed_A_Dream.m4a.html
http://www.mediafire.com/?bh1xhqnwnxn
DD.http://www.4shared.com/dir/vKicGtQ3/Glee_Cast_-_1X19.html
EE. http://www.4shared.com/audio/18hZH2iK/15_I_Dreamed_A_Dream__featuri
n.html
FF. http://www.4shared.com/file/129029160/447327a6/Havent_Met_You_Yet.
html
GG. http://www.mediafire.com/?ored3dymtjo
HH. http://www.teradepot.com/1dqf7q4uw4ll/02_-
Christina_Aguilera-
_Not_Myself_Tonight%5BTeraDepot.com%5D.mp3.html
II. http://www.4shared.com/audio/GdLMeskD/Christina_Aguilera_-
_Not_Mysel.html
JJ. http://www.4shared.com/file/177494261/37c6778a/Lady_GaGa_-
_Alejandro.html
KK. http://www17.zippyshare.com/view.jsp?locale=en&key=33447705
LL. http://www.megaupload.com/?d=3PGM4USP

3. Contact information:

[redacted] for and on behalf of?BPI (British Recorded Music Industry)
Ltd
[redacted], Westminster Bridge Road, London SE1 7JA,
UK
Tel: +44 (0) [redacted]
Fax: +44 (0) [redacted]
[redacted]@bpi.co.uk


4. Infringing webpage(s):

http://hotfile.com/
http://usershare.net/
http://2shared.com/
http://4shared.com/
http://mediafire.com/
http://megaupload.com/
http://sendspace.com/
http://teradepot.com/
http://zippyshare.com/

5. I have a good faith belief that use of the copyrighted materials
described above as allegedly infringing is not authorised by the
copyright owner, his/her agent or the law.


6. I swear, under penalty of perjury, that the information in the
notification is accurate and that I am the copyright owner or am
authorised to act on behalf of the owner of an exclusive right that is
allegedly infringed.

 
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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