The use
of takedown notices has not historically had much success and comes with some perils as well, especially when applied in the United States.
The suggestions come less than a week after the the McCain presidential campaign found itself on the wrong side
of a takedown notice.
It should also explain that potentially infringing material will be removed promptly following receipt
of a takedown notice, including how to send a «takedown notice» to the copyright agent to inform the website owner of the potentially infringing material.
The DMCA notice should also state that infringing material will be promptly removed following receipt
of a takedown notice.
Not exact matches
Canipre, already familiar with many
of the site operators, knew how they preferred to receive such
takedown notices.
Last week, two prominent creators
of Street Fighter nude mods and costume mods said they received
takedown notices from Capcom.
We see a large amount
of fan creations, and our general guidance applies to all
of them: we reserve the right to issue
takedown notices to anything that we feel infringes on our intellectual property.
they don't use their own tools like the build in watermark, or the
notice and
takedown, I think that when they just sue a owner who's watermarked book is shown up on usenet, they would scare a lot
of people who now illegal upload their books.
At the same time, sales
of the first book in her «Cocker» series — which the author claims to have trademarked before issues
takedown notices to competing authors who'd used the word «cocky» in their book titles — are still solidly in the 2000 + range, with Top 50 rankings for two categories and Top 200 rankings in a third.
By all means, post your account here — I am eager to learn what you experienced (especially since I've gotten zero response to my three
takedown notices, the first
of which was sent January 1) and will gladly give you feedback.
They bombarded Amazon with dozens
of one - star
takedowns, succeeded in getting several favorable
notices erased and even took credit for Amazon's briefly removing the book from sale.
Most
of the pirate sites I have encountered, in the course
of keeping track
of my titles and sending DCMA
takedown notices, seem to be located in Russia, or at least that's where their IPs are.
Of course, the former issue could quickly be cleared up if there were increasing penalties for fraudulent DMCA
takedown notices.
As for DMCA
takedown notices, they're worthless because
of the sheer volume, and unlike youtube, there has been no concerted attempt to create an automatic
takedown filter.
Google Books policy
of ignoring DCMA
takedown notices has made it a de facto pirate site.
When the
takedown notice is filed and your book has been removed from the system, to upload the same book requires that you prove the ownership
of the content.
What have been issued are DMCA
takedown notices, which target a couple
of the pages that were hosting the file and allowing it to be downloaded.
In the spirit
of transparency, we will start posting all DMCA
takedown notices here.
Microsoft issued DMCA
takedown notices back when illicit copies
of Halo Online first began circulating during and after its development.
«We've not received a [Cease and Desist
notice] or any further
takedowns / action as
of yet and the team are taking careful steps in the distribution
of 0.6 to make sure that doesn't happen,» Hammock said.
An interesting submission in Slashdot's «Ask Slashdot» section solicits the help
of commenters on a DMCA
takedown notice for an Android game called «Super Pac.»
PewDiePie's use
of the n - word and Campo Santo's response has triggered a massive wave
of debate as some worry whether Campo Santo's filing
of a DMCA
takedown notice was perhaps a step too far, while others have expressed worry that PewDiePie's negative behavior will affect the YouTube platform as a whole, and still others have even defended PewDiePie in a misguided defense
of free speech.
We see a large amount
of fan creations, and our general guidance applies to all
of them: we reserve the right to issue
takedown notices to anything that we feel infringes on our intellectual property.
It's quite possible that we will issue
takedown notices much later than an initial posting, just because we may
notice an area
of legal infringement at any time.
In Alex Mauer's case, she used social media and DMCA
takedown notices to attempt to abolish what she perceived was her work being unfairly distributed after she accused the devs
of insufficient compensation.
While nothing has been explicitly confirmed (the third - party sites have said they're not allowed to comment publicly), there's a strong implication that Niantic and Nintendo served such third - party sites with
takedown notices, an especially likely scenario given Niantic CEO John Hanke's on - record derision
of such sites.
Using a copyright
takedown notice, my original video
of this spectacularly awful game was removed, and my channel was thrown into bad standing with YouTube.
In recent weeks we've seen Nintendo shut down fan projects like No Mario's Sky and AM2R: Return
of Samus with DMCA
takedown notices.
Sean Vanaman
of Campo Santo games has stated they'll be filing DMCA
takedown notices for all
of Pewdiepie's Firewatch content, as well as any future Campo Santo games.
An American magistrate judge (sort
of like a master) has ruled that a plaintiff suing a company for improperly sending a
takedown notice under the DMCA has waived a number
of heads
of attorney - client privilege by discussing the details
of her legal case too broadly by email and on a blog (Eric Goldman blog (per Venkat)-RRB-
A firm representing Lucasfilm / Disney sent
takedown notices to force removal from social media
of photos
of a newly issued Star Wars figurine that an unnamed fan had walked into a Wal - Mart and purchased in the usual manner.
Software will alert legal plan customers and providers
of copyright and trademark infringements and generate
takedown notices automatically.
The time it takes to find infringements, find hosts
of often secretive and malicious sites, (which may be selling our work), send
takedown notices, and follow up, eats significantly into productivity.
A mother
of a baby who appeared in a YouTube video dancing to the Prince song Let's Go Crazy recently succeeded in challenging a record label that issued her a
takedown notice.
UMG's theory would also make the DMCA's
notice - and -
takedown provisions completely superfluous because any service provider that hosted copyrighted material would be disqualified from the section 512 (c) safe harbor regardless
of whether the copyright holder gave
notice or whether the service provider otherwise acquired actual or constructive knowledge
of specific infringements.
So yes, if you are alleging infringement
of your copyright, you have the right to file a DMCA
takedown notice.
Brian Ledbetter (who himself was the subject
of an AP
takedown notice) asks: Will [AP] ever learn how this Internet thing works?
None
of the websites who used BigLaw or SmallLaw in the past seem to have received a
takedown notice from PeerViews, and it remains unclear why Lawyerist was singled out.
Anyone «can» submit such a
notice, the relevant issues would be (a) will it achieve the desired effect
of takedown and (b) will there be legal repercussions for submitting the
notice?
Elsevier, ACS, and a number
of other publishers have recently formed a Coalition for Responsible Sharing, which issued a statement on October 5th, 2017 indicating its plans to «issue
takedown notices to ResearchGate requesting that infringing content be removed from the site.
Is this something a model should consider doing or would it be better to take the formal legal route
of sending a DMCA
takedown notice?
If the answer to the previous question is Yes: how would someone from outside
of the United States authorize someone residing in the United States to send a DMCA
takedown notice on their behalf?
Also, I have lack
of legal experience and legal battles really makes me anxious, so I would prefer to hire a company to send the
takedown notices for me.
In practice, because the law penalizes covered entities that don't hop to it on
takedown requests but has no penalty for ignoring counter
notices, covered entities generally just take stuff down when asked with no requirement
of proof.
Recently, the legal publishing company Fastcase received a
takedown notice from the parent company
of another publishing company, Casemaker, claiming they had exclusive rights to distribute, for commercial use, the Georgia Administrative Rules and Regulations.
If I (as a website owner) receive a DMCA
Takedown Notice for a user's post, am I allowed to give said user a small period
of time to provide a counter-
notice before I take down the post?
The Ninth Circuit Court
of Appeals affirmed the district court's summary judgment that, prior to sending a
takedown notice under the DMCA, a copyright holder must first evaluate whether the alleged unauthorized performance constituted «fair use.»
You say «none
of my business, I take it down if I get a
takedown notice, I put it back up if I get a counter
notice», and that keeps you out
of trouble.
Liability will lead to (a) censorship
of the doubtful (consider the haste
of ISPs to take down material subject to the most ludicrous
notice - and -
takedown messages, at least in the US — why fight it when it's not your stuff?)
Felicissimo said the employee in question may have to send
takedown notices, reach out to the likes
of Facebook for help or perform other kinds
of followup more than 40 times a day.