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 Chilling Effects Clearinghouse > DMCA Notices > Notices > DMCA (Copyright) Complaint to Twitter (NoticeID 575619, http://chillingeffects.org/N/575619) Printer-friendly version

DMCA (Copyright) Complaint to Twitter

September 13, 2012

 

Sender Information:
MAGNOLIA PICTURES
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: MAGNOLIA PICTURES
Name: [redacted]
Company: Web Sheriff
Job title: Creative Protection

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

Reported Twitter account: @Rifqiandrea

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/Rifqiandrea/status/245372105766600705

Reported Tweet Content: V/H/S (2012) 720p HDRip 800MB Ganool dlvr.it/27jvHm #720p

Reported Tweet Time: Sep 11 2012 04:04:03 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: @Niko_adi

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/Niko_adi/status/245371210358198272

Reported Tweet Content: V/H/S (2012) 720p HDRip 800MB Ganool: Info: imdb.com/title/tt210504… Release Date: 6 September 2012 ... bit.ly/TLG6FM

Reported Tweet Time: Sep 11 2012 04:00:29 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: @ndhff

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/ndhff/status/245372102918684673

Reported Tweet Content: V/H/S (2012) 720p HDRip 800MB Ganool dlvr.it/27jvGS

Reported Tweet Time: Sep 11 2012 04:04:02 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: @GanoolHQ

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/GanoolHQ/status/245371367439101955

Reported Tweet Content: #ganool V/H/S (2012) 720p HDRip 800MB Ganool bit.ly/TLG6FM

Reported Tweet Time: Sep 11 2012 04:01:07 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: @Niko_adi

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/Niko_adi/status/244913679483695105

Reported Tweet Content: V/H/S (2012) HDRip 450MB Ganool: Info : imdb.com/title/tt210504… Release Date : 6 September 2012 (Ru... bit.ly/RATyYm

Reported Tweet Time: Sep 09 2012 21:42:26 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: @ndhff

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/ndhff/status/244909339591192576

Reported Tweet Content: V/H/S (2012) HDRip 450MB Ganool dlvr.it/27MPM8 [Like it? bit.ly/OyOdlg ]

Reported Tweet Time: Sep 09 2012 21:25:11 via Like My Tweets

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: @warezturkey

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/warezturkey/status/245077850808545283

Reported Tweet Content: V-H-S - 2012 HDRip XviD AC3 - Türkçe Altyazılı indir goo.gl/fb/ANVn7

Reported Tweet Time: Sep 10 2012 08:34:47 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: @Hendrikus_27

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/Hendrikus_27/status/244913682046398464

Reported Tweet Content: RT @Ganool : V/H/S (2012) HDRip 450MB Ganool: Info : imdb.com/title/tt210504… Release Date : 6 Septe... bit.ly/RATyYm

Reported Tweet Time: Sep 09 2012 21:42:26 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: @erickblendizzy

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/erickblendizzy/status/244913686572056578

Reported Tweet Content: V/H/S (2012) HDRip 450MB Ganool: Info : imdb.com/title/tt210504… Release Date : 6 September 2012 (Ru... bit.ly/RATyYm

Reported Tweet Time: Sep 09 2012 21:42:27 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: @27bien

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/27bien/status/245371206293942273

Reported Tweet Content: V/H/S (2012) 720p HDRip 800MB Ganool: Info: imdb.com/title/tt210504… Release Date: 6 September 2012 ... bit.ly/TLG6FM

Reported Tweet Time: Sep 11 2012 04:00:29 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: @seto_kak

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/seto_kak/status/245371208483356672

Reported Tweet Content: V/H/S (2012) 720p HDRip 800MB Ganool: Info: imdb.com/title/tt210504… Release Date: 6 September 2012 ... bit.ly/TLG6FM

Reported Tweet Time: Sep 11 2012 04:00:29 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: @GanoolHQ

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/GanoolHQ/status/244911455374286849

Reported Tweet Content: #ganool V/H/S (2012) HDRip 450MB Ganool bit.ly/RATyYm

Reported Tweet Time: Sep 09 2012 21:33:35 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: @filmon_

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/filmon_/status/244094554658205696

Reported Tweet Content: ЗЛО смотреть онлайн: ЗЛО / V/H/S Год выхода: 2012 Жанр: ужасы, триллер Страна: США Качество: HDRip Режиссер: Мэт... bit.ly/OVYgle

Reported Tweet Time: Sep 07 2012 15:27:31 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: @rlslogbot

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/rlslogbot/status/244907277369348096

Reported Tweet Content: V/H/S 2012 HDRiP AC3-2.0 XviD-AXED: bit.ly/O60En0

Reported Tweet Time: Sep 09 2012 21:16:59 via gas-bot

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: @Rifqiandrea

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/Rifqiandrea/status/244909302119276545

Reported Tweet Content: V/H/S (2012) HDRip 450MB Ganool dlvr.it/27MPJC #Film

Reported Tweet Time: Sep 09 2012 21:25:02 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: @HackiPhone

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/HackiPhone/status/244904238159896576

Reported Tweet Content: RT New : V/H/S 2012 HDRiP AC3 XviD-AXED piratelake.com/vhs-2012-hdrip… #HackiPhone

Reported Tweet Time: Sep 09 2012 21:04:55 via IFTTT

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: @ckkelvinzl

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/ckkelvinzl/status/244903869480595457

Reported Tweet Content: Ckrelease.Com | 分享势力 -致命录像带 V-H-S.2012.HDRiP.AC3-2.0.XviD-AXED t.cn/zWFXP5v

Reported Tweet Time: Sep 09 2012 21:03:27 via WordPress连接微博

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: @Udypriyanto

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/Udypriyanto/status/244898101918330880

Reported Tweet Content: V-H-S.2012.HDRiP.AC3-2.0.XviD-AXED dlvr.it/27M3zQ

Reported Tweet Time: Sep 09 2012 20:40:32 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: @torrentfeeder

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/torrentfeeder/status/244901680469114880

Reported Tweet Content: V/H/S 2012 HDRiP AC3-2.0 XviD-AXED bit.ly/Qy8lDc #release

Reported Tweet Time: Sep 09 2012 20:54:45 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: @PirateLake

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/PirateLake/status/245340526751133696

Reported Tweet Content: RT New : V/H/S 2012 720p HDRiP AC3 x264-AXED piratelake.com/vhs-2012-720p-…

Reported Tweet Time: Sep 11 2012 01:58:34 via PirateLake WP

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: @iwatchonline

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/iwatchonline/status/244898871279505408

Reported Tweet Content: V/H/S (2012) HDRIP fb.me/1fMmwPC3T

Reported Tweet Time: Sep 09 2012 20:43:35 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: @Kinoteatraz

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/Kinoteatraz/status/244381098262556673

Reported Tweet Content: ЗЛО - V/H/S (2012) HDRip fb.me/1hFS2YCpu

Reported Tweet Time: Sep 08 2012 10:26:08 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: @iwatchonline

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/iwatchonline/status/244899133729689600

Reported Tweet Content: V/H/S (2012) HDRIP po.st/PXgCC7 via @po_st

Reported Tweet Time: Sep 09 2012 20:44:38 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: @filestab_net

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/filestab_net/status/244902271320723456

Reported Tweet Content: V/H/S 2012 HDRiP AC3-2 0 XviD-AXED: V/H/S 2012 HDRiP AC3-2 0 XviD-AXEDIMDB info
Language: English | 1:56 | Vid... adf.ly/CguL4

Reported Tweet Time: Sep 09 2012 20:57:06 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: @FreeMKVMovies

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'V/H/S'.

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

Reported Tweet URL: https://twitter.com/FreeMKVMovies/status/245052151951413248

Reported Tweet Content: V/H/S (2012) HDRip 450MB
freemkvmovies.com/2012/09/vhs-20… fb.me/O1tcGxyC

Reported Tweet Time: Sep 10 2012 06:52:40 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.

-------

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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