Digital Millennium Copyright Act - Blogger
It is our policy to respond to clear notices of alleged
copyright infringement. This page describes the information that
should be present in these notices. It is designed to make submitting
notices of alleged infringement to Google as straightforward as possible
while reducing the number of notices that we receive that are fraudulent
or difficult to understand or verify. The form of notice specified
below is consistent with the form suggested by the United States
Digital Millennium Copyright Act (the text of which can be found
at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/)
but we will respond to notices of this form from other jurisdictions
as well.
Regardless of whether we may be liable for such infringement
under local country law or United States law, our response to these
notices may include removing or disabling access to material claimed
to be the subject of infringing activity and/or terminating subscribers.
If we remove or disable access in response to such a notice, we will
make a good-faith attempt to contact the owner or administrator of
the affected site or content so that they may make a counter notification.
We may also document notices of alleged infringement on which we
act. As with all legal notices, a copy of the notice may be sent
to one or more third parties who may make it available to the public.
| Infringement
Notification for Google Notebook |
To file a notice of infringement with us,
you must provide a written communication (by fax or regular mail --
not by email, except by prior agreement) that sets forth the items
specified below. Please note that you will be liable for damages (including
costs and attorneys' fees) if you materially misrepresent that a product
or activity is infringing your copyrights. Indeed, in a recent case
(please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for
more information), a company that sent an infringement notification
seeking removal of online materials that were protected by the fair
use doctrine was ordered to pay such costs and attorneys fees. The
company agreed to pay over $100,000. Accordingly, if you are not sure
whether material available online infringes your copyright, we suggest
that you first contact an attorney.
To expedite our ability to process your request, please
use the following format (including section numbers):
1.Identify in sufficient detail the copyrighted
work that you believe has been infringed upon. This post must include
identification of the specific posts, as opposed to entire sites.
Posts must be referenced by the permalink of the post. For example, “The
copyrighted work at issue is the text that appears on http://johndoe.com/test/2006_01_01.html#2106.
2. Identify the material that you claim is infringing the copyrighted
work listed in item #1 above.
YOU MUST IDENTIFY EACH POST BY PERMALINK OR DATE THAT
ALLEGEDLY CONTAINS THE INFRINGING MATERIAL. The permalink for a post
is usually found by clicking on the timestamp of the post. For example, “The
blog where my copyrighted work is published on is http://copyright.blogspot.com/archives/2006_01_02_example.html.”
3. Provide information reasonably sufficient
to permit Google to contact you (email address is preferred).
4. Include the following statement: "I
have a good faith belief that use of the copyrighted material described
above on the allegedly infringing web pages is not authorized by
the copyright owner, its agent, or the law.".
5. Include the following statement: "I
swear, under penalty of perjury, that the information in the notification
is accurate and that I am the copyright owner or am authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed."
6. Sign the paper.
7. Send the written communication to the following
address:
Google, Inc.
Attn: Blogger Legal Support, DMCA Complaints
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR fax to:
(650) 618-2680, Attn: Blogger Legal Support, DMCA Complaints
Please note that a copy of each legal notice we receive is sent to a third-party
partner for publication and annotation. As such, your letter (with your personal
information removed) will be forwarded to Chilling Effects (http://www.chillingeffects.org)
for publication. You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
A link to your published letter will be displayed in Google's search results
in place of the removed content.
The administrator of an affected site or the provider of affected
content may make a counter notification pursuant to sections 512(g)(2)
and (3) of the Digital Millennium Copyright Act. When we receive a
counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide
a written communication (by fax or regular mail -- not by email,
except by prior agreement) that sets forth the items specified below.
Please note that you will be liable for damages (including costs
and attorneys' fees) if you materially misrepresent that a product
or activity is not infringing the copyrights of others. Accordingly,
if you are not sure whether certain material infringes the copyrights
of others, we suggest that you first contact an attorney. A sample
counter notification may be found atwww.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification,
please use the following format (including section numbers):
1. Identify the specific URLs or other unique identifying information
of material that Google has removed or to which Google has disabled
access.
2. Provide your name, address, telephone number, email address,
and a statement that you consent to the jurisdiction of Federal District
Court for the judicial district in which your address is located (or
Santa Clara County, California if your address is outside of the United
States), and that you will accept service of process from the person
who provided notification under subsection (c)(1)(C) or an agent of
such person.
3. Include the following statement: "I
swear, under penalty of perjury, that I have a good faith belief
that each search result, message, or other item of content identified
above was removed or disabled as a result of a mistake or misidentification
of the material to be removed or disabled, or that the material identified
by the complainant has been removed or disabled at the URL identified
and will no longer be shown."
4. Sign the paper.
5. Send the written communication to the following
address:
Google, Inc.
Attn: Blogger Legal Support, DMCA Counter Notification
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR fax to:
(650) 618-2680, Attn: Blogger Legal Support, DMCA Counter Notification
