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 Chilling Effects Clearinghouse > DMCA Notices > Notices > DMCA (Copyright) Complaint to Twitter (NoticeID 575816, http://chillingeffects.org/N/575816) 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: @01001101111

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Rec 3'.

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

Reported Tweet URL: https://twitter.com/01001101111/status/243645224646217728

Reported Tweet Content: REC.3.Genesis.2012.720p.BRRip.x264.AC3-JYK dlvr.it/26QRlM #torrent

Reported Tweet Time: Sep 06 2012 09:42:02 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: @01001101111

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Rec 3'.

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

Reported Tweet URL: https://twitter.com/01001101111/status/244009165612281856

Reported Tweet Content: [Rec] 3 720p BRrip 6ch avchd h264 subs eng 1h17m [RipKaos] dlvr.it/26jyXf #torrent

Reported Tweet Time: Sep 07 2012 09:48:13 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: @MenteComunal

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Rec 3'.

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

Reported Tweet URL: https://twitter.com/MenteComunal/status/244954372730155008

Reported Tweet Content: [•REC]³ 2012 [DvDrip Latino] mente-comunal.net/posts/tv-pelic… #[•rec]³ #2012

Reported Tweet Time: Sep 10 2012 00:24:08 via Twiitear_Post_Mc

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: @updatesmindanao

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Rec 3'.

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

Reported Tweet URL: https://twitter.com/updatesmindanao/status/243558074256871424

Reported Tweet Content: REC 3 Genesis (2012) BluRay 720p BRRip 600MB - Media: [REC]³ Génesis (2012) Movie Info Koldo and Clar... bit.ly/Rbm2NI

Reported Tweet Time: Sep 06 2012 03:55:44 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: @NewShareOnline

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Rec 3'.

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

Reported Tweet URL: https://twitter.com/NewShareOnline/status/243867562683817985

Reported Tweet Content: NewShare Online - [•REC]³ Génesis Estreno 2012 Dvdrip zsk.bz/3PLm vía @NewShareOnline zsk.bz/4Otn

Reported Tweet Time: Sep 07 2012 00:25:32 via Zasca

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: @00Fantasma

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Rec 3'.

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

Reported Tweet URL: https://twitter.com/00Fantasma/status/242791457885417474

Reported Tweet Content: Günstigster DSL Anbieter in #Leipzig url9.de/peyhttp://ment…

Reported Tweet Time: Sep 04 2012 01:09:29 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: @bestarticlepost

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Rec 3'.

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

Reported Tweet URL: https://twitter.com/bestarticlepost/status/243726352702902272

Reported Tweet Content: Download Rec 3 Genesis Movie | Watch Now bit.ly/TmDejX

Reported Tweet Time: Sep 06 2012 15:04:25 via TwitPublisher

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: @MenteComunal

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Rec 3'.

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

Reported Tweet URL: https://twitter.com/MenteComunal/status/244954165841907712

Reported Tweet Content: rec 3 Génesis 2012 DVDRip Castellano mente-comunal.net/posts/tv-pelic… #rec #3

Reported Tweet Time: Sep 10 2012 00:23:18 via Twiitear_Post_Mc

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: @growyourdrugs

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Rec 3'.

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

Reported Tweet URL: https://twitter.com/growyourdrugs/status/243631427118301184

Reported Tweet Content: New Post:: Watch [REC]3 Genesis (2012) Online Free Streaming in HD growyourowndrugs.co.uk/uncategorized/…

Reported Tweet Time: Sep 06 2012 08:47:13 via growyoudrugs

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: @ArticleSnacks

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Rec 3'.

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

Reported Tweet URL: https://twitter.com/ArticleSnacks/status/243686228355063808

Reported Tweet Content: Download Rec 3 Genesis Movie | Watch Now bit.ly/Q1XEww

Reported Tweet Time: Sep 06 2012 12:24:58 via TwitPublisher

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: @bestarticlepost

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Rec 3'.

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

Reported Tweet URL: https://twitter.com/bestarticlepost/status/243625812656521216

Reported Tweet Content: Watch [REC]3 Genesis (2012) Online Free Streaming in HD bit.ly/NU9Lr5

Reported Tweet Time: Sep 06 2012 08:24:54 via TwitPublisher

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: @ArticleSnacks

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Rec 3'.

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

Reported Tweet URL: https://twitter.com/ArticleSnacks/status/243625753831411712

Reported Tweet Content: Watch [REC]3 Genesis (2012) Online Free Streaming in HD bit.ly/ROdc3z

Reported Tweet Time: Sep 06 2012 08:24:40 via TwitPublisher

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: @gebor2011

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Rec 3'.

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

Reported Tweet URL: https://twitter.com/gebor2011/status/243367802218639360

Reported Tweet Content: Watch [REC] 3 Genesis Online Free - Watch Movies Online Free: [REC]³ Génesis (2012) Movie Info Koldo ... bit.ly/R8ujSz

Reported Tweet Time: Sep 05 2012 15:19:40 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: @00Fantasma

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Rec 3'.

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

Reported Tweet URL: https://twitter.com/00Fantasma/status/242791571534274560

Reported Tweet Content: Welcome to Hugogames.net, new source of incredible flash games, free online mente-comunal.net/posts/tvpelicu…

Reported Tweet Time: Sep 04 2012 01:09:56 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: @ArticleMisc

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Rec 3'.

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

Reported Tweet URL: https://twitter.com/ArticleMisc/status/243318359595286528

Reported Tweet Content: Watch Rec 3 Genesis Movie online | Download Rec 3 Genesis full Movie bit.ly/OX2YiQ

Reported Tweet Time: Sep 05 2012 12:03:12 via TwitPublisher

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: @falkoors

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of '2 Day In New York'.

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

Reported Tweet URL: https://twitter.com/falkoors/status/243042274840293377

Reported Tweet Content: Watch online: 2 Days in New York (2012) VODRip filmas-online.lv/o-2-days-in-ne… via @filmas_online

Reported Tweet Time: Sep 04 2012 17:46:08 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 'Compliance'.

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/245183488712658944

Reported Tweet Content: Compliance (2012) HDTV Xvid-BHRG: IMDB info
Language: English
89 Min | 640 x 272 | XviD - 972Kbps | AVI | 23.976... adf.ly/Ci8yU

Reported Tweet Time: Sep 10 2012 15:34:33 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: @solotuespacio

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Take This Waltz'.

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

Reported Tweet URL: https://twitter.com/solotuespacio/status/244257996211904512

Reported Tweet Content: Take This Waltz DVDRIp - Sub.Español - Solo tu espacio - descargar, bajar gratis solotuespacio.com/peliculas-grat…

Reported Tweet Time: Sep 08 2012 02:16:59 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: @Montaraz_

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Take This Waltz'.

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

Reported Tweet URL: https://twitter.com/Montaraz_/status/244495651986092032

Reported Tweet Content: @Siamecita -> bit.ly/O2zAoT

Reported Tweet Time: Sep 08 2012 18:01:20 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: @KrispyBuzz

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'The Good Doctor'.

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

Reported Tweet URL: https://twitter.com/KrispyBuzz/status/245235218930364417

Reported Tweet Content: Watch The Good Doctor (2012 DVDRip) bit.ly/RyrWbW

Reported Tweet Time: Sep 10 2012 19:00:07 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: @TvTopSeries

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'The Good Doctor'.

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

Reported Tweet URL: https://twitter.com/TvTopSeries/status/243743537798197249

Reported Tweet Content: Watch FREE Online The Good Doctor bit.ly/Ree5aH #tvshows #movies

Reported Tweet Time: Sep 06 2012 16:12:42 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: @ArieLDread

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Marley'.

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

Reported Tweet URL: https://twitter.com/ArieLDread/status/243506270164893696

Reported Tweet Content: DESCARGA - Bob Marley - Documental (2012) NTSC DVDRip - Mundo Reggae HH fb.me/20r7xkcXO

Reported Tweet Time: Sep 06 2012 00:29:53 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: @dennywahyuw

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Marley'.

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

Reported Tweet URL: https://twitter.com/dennywahyuw/status/243595313816940544

Reported Tweet Content: @sennaali ini linknya ( ganool.com/marley-2012-bl… )

Reported Tweet Time: Sep 06 2012 06:23:43 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: @Kebrajah

Reported material on Twitter: Tweet(s)

Description of original work: Linking to downloads of 'Marley'.

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

Reported Tweet URL: https://twitter.com/Kebrajah/status/245379047025152001

Reported Tweet Content: cuevana.tv/#!/peliculas/4…... fb.me/1Px8Avggl

Reported Tweet Time: Sep 11 2012 04:31:38 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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