DMCA (Copyright) Complaint to Twitter -- Chilling Effects Clearinghouse

Chilling Effects Clearinghouse > DMCA Notices > Notices > DMCA (Copyright) Complaint to Twitter (NoticeID 540166, http://chillingeffects.org/N/540166)

DMCA (Copyright) Complaint to Twitter

August 23, 2012

Sender Information:
Young Turks / Beggars Digital
Sent by: [Private]
Web Sheriff
London, London, W6 9DX, UK

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: Young Turks / Beggars Digital
Name: [redacted]
Company: Web Sheriff
Job title: Creative Protection

City: London
State/Province: London
Country: UK
-------

Reported Twitter account: @Vibes

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/Vibes/status/238029552331390977

Reported Tweet Content: the xx - coexist (2012) multiupload.nl/1QTR4EW018 #alternatedownload #download

Reported Tweet Time: Aug 21 2012 21:47:22 via Twitter for Mac

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 infringing material is available for display or download directly at the linked website.

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: @la_casatomada

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/la_casatomada/status/237754408304246784

Reported Tweet Content: #Download RT @patyneta: Coexist, el nuevo disco de The XX, por aquÃ bit.ly/OtNx1B (':

Reported Tweet Time: Aug 21 2012 03:34:02 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 infringing material is available for display or download directly at the linked website.

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: @mad_kick

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/mad_kick/status/237754405271793666

Reported Tweet Content: #Download RT @patyneta: Coexist, el nuevo disco de The XX, por aquÃ bit.ly/OtNx1B (':

Reported Tweet Time: Aug 21 2012 03:34:02 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 infringing material is available for display or download directly at the linked website.

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: @pirata_records

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/pirata_records/status/238000174599909376

Reported Tweet Content: The XX // Coexist (Young Turks, 2012)
Descargar//Download tmblr.co/ZK2lexRs_ubi

Reported Tweet Time: Aug 21 2012 19:50:38 via Tumblr

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 infringing material is available for display or download directly at the linked website.

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: @_EvilSmiley

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/_EvilSmiley/status/238179461252669440

Reported Tweet Content: The xx - Coexist (2012) MP3 bit.ly/O0tsiJ

Reported Tweet Time: Aug 22 2012 07:43:03 via twitterfeed

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 infringing material is available for display or download directly at the linked website.

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: @blogEDPMC

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/blogEDPMC/status/238173699348500480

Reported Tweet Content: The XX -Coexist (2012) el link de descarga directa

mediafire.com/?0yn8me29be3jbâ€¦ fb.me/1yqBCbqrU

Reported Tweet Time: Aug 22 2012 07:20:09 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 infringing material is available for display or download directly at the linked website.

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: @ClClips

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/ClClips/status/238168791157182464

Reported Tweet Content: The xx - Coexist (2012): Ð˜ÑÐ¿Ð¾Ð»Ð½Ð¸Ñ‚ÐµÐ»ÑŒ: The xx ÐÐ°Ð·Ð²Ð°Ð½Ð¸Ðµ Ð´Ð¸ÑÐºÐ°: CoexistÐ“Ð¾Ð´ Ð²Ñ‹Ñ…Ð¾Ð´Ð°: 2012Ð–Ð°Ð½Ñ€: Rock,ElectronicÐšÐ¾Ð»Ð¸Ñ‡ÐµÑ... bit.ly/SRdZBO

Reported Tweet Time: Aug 22 2012 07:00:39 via twitterfeed

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 infringing material is available for display or download directly at the linked website.

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: @pe_petka

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/pe_petka/status/238168790431580160

Reported Tweet Time: Aug 22 2012 07:00:39 via twitterfeed

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 infringing material is available for display or download directly at the linked website.

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: @KsKsyuha

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/KsKsyuha/status/238168789726949376

Reported Tweet Time: Aug 22 2012 07:00:39 via twitterfeed

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 infringing material is available for display or download directly at the linked website.

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: @masiania1000

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/masiania1000/status/238168789005520897

Reported Tweet Time: Aug 22 2012 07:00:38 via twitterfeed

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 infringing material is available for display or download directly at the linked website.

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: @jkmjkmhh

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/jkmjkmhh/status/238164386320101376

Reported Tweet Content: The xx - Coexist (2012) goo.gl/fb/q1Gh7 #Ð¼ÑƒÐ·Ñ‹ÐºÐ°

Reported Tweet Time: Aug 22 2012 06:43:09 via Google

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 infringing material is available for display or download directly at the linked website.

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: @jfdvggrgrfg

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/jfdvggrgrfg/status/238164285107363840

Reported Tweet Content: The xx - Coexist (2012) goo.gl/fb/860Ii #Ð¼ÑƒÐ·Ñ‹ÐºÐ°

Reported Tweet Time: Aug 22 2012 06:42:45 via Google

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 infringing material is available for display or download directly at the linked website.

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: @0865h

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/0865h/status/238164243348865024

Reported Tweet Content: The xx - Coexist (2012) goo.gl/fb/m44SR #Ð¼ÑƒÐ·Ñ‹ÐºÐ°

Reported Tweet Time: Aug 22 2012 06:42:35 via Google

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 infringing material is available for display or download directly at the linked website.

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: @MUSOPEDIA_RU

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/MUSOPEDIA_RU/status/238162615707250688

Reported Tweet Content: The xx - Coexist: bit.ly/QoU1MK

Reported Tweet Time: Aug 22 2012 06:36:07 via twitterfeed

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 infringing material is available for display or download directly at the linked website.

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: @McCormeck

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/McCormeck/status/238121762376806400

Reported Tweet Content: RT @mr_ioso: The xx â€“ Coexist (YT080) [CD] (2012) www18.zippyshare.com/v/88308533/filâ€¦

Reported Tweet Time: Aug 22 2012 03:53:46 via Twitter for BlackBerryÂ®

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 infringing material is available for display or download directly at the linked website.

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: @SingSangSung_

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/SingSangSung_/status/238117958503776256

Reported Tweet Content: Listo :B The XX - Coexist (2012) quietandhiddenplace.blogspot.com/2012/08/the-xxâ€¦

Reported Tweet Time: Aug 22 2012 03:38:39 via Tweet Button

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 infringing material is available for display or download directly at the linked website.

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: @Gnoiser

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/Gnoiser/status/238112820833701889

Reported Tweet Content: @Andrelacho DESCARGA: The xx â€“ Coexist (Album) rapidgator.net/file/34669074

Reported Tweet Time: Aug 22 2012 03:18:15 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 infringing material is available for display or download directly at the linked website.

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: @SanareMundi

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/SanareMundi/status/238112624305401857

Reported Tweet Content: supposed 320kbps xx coexist torrent kat.ph/the-xx-coexistâ€¦

Reported Tweet Time: Aug 22 2012 03:17:28 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 infringing material is available for display or download directly at the linked website.

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: @SharePirate

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/SharePirate/status/238108422409691136

Reported Tweet Content: The xx â€“ Coexist 2012 [Hotlink] goo.gl/fb/Ow8MS

Reported Tweet Time: Aug 22 2012 03:00:46 via Google

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 infringing material is available for display or download directly at the linked website.

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: @FreeStuff212

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/FreeStuff212/status/238103529464684544

Reported Tweet Content: The xx- Coexist- 2012- NewMp3Club q.gs/1gi3p

Reported Tweet Time: Aug 22 2012 02:41:19 via dlvr.it

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 infringing material is available for display or download directly at the linked website.

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: @Gnoiser

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/Gnoiser/status/238102399460446211

Reported Tweet Content: DESCARGA: The xx â€“ Coexist (Album) rapidgator.net/file/34669074

Reported Tweet Time: Aug 22 2012 02:36:50 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 infringing material is available for display or download directly at the linked website.

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: @efrenalexced

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/efrenalexced/status/238089114782674944

Reported Tweet Content: The xx â€“ Coexist (2012) dlvr.it/22Jvkp

Reported Tweet Time: Aug 22 2012 01:44:03 via dlvr.it

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 infringing material is available for display or download directly at the linked website.

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: @Fans_DY_Mundial

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/Fans_DY_Mundial/status/238087881137201154

Reported Tweet Content: The xx â€“ Coexist (2012) dlvr.it/22JtFT

Reported Tweet Time: Aug 22 2012 01:39:08 via dlvr.it

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 infringing material is available for display or download directly at the linked website.

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: @Salchichoncito_

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/Salchichoncito_/status/238087878805168128

Reported Tweet Content: The xx â€“ Coexist (2012) dlvr.it/22JtCt

Reported Tweet Time: Aug 22 2012 01:39:08 via dlvr.it

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 infringing material is available for display or download directly at the linked website.

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: @Bizco0206

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of unreleased album 'The XX - Coexist'.

Description of infringement: INFRINGEMENT OF COPYRIGHT / TRADEMARK / PERFORMERS
RIGHTS / MORAL RIGHTS (VIA, INTER ALIA, PIRATED FILE UPLOADING /
DOWNLOADING)

Reported Tweet URL: https://twitter.com/Bizco0206/status/238087863479185409

Reported Tweet Content: The xx â€“ Coexist (2012) dlvr.it/22JtBG

Reported Tweet Time: Aug 22 2012 01:39:04 via dlvr.it

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 infringing material is available for display or download directly at the linked website.

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. Â§ 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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