Thursday, June 3, 2010

Blogger DMCA takedown notification

I hve received the following mail from support@blogger.com (with copy to blogger-dmca-notification@google.com):


Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog is alleged to infringe upon the copyrights of others. As a result, we have reset the post(s) to "draft" status. (If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.) This means your post - and any images, links or other content - is not gone. You may edit the post to remove the offending content and republish, at which point the post in question will be visible to your readers again.

A bit of background: the DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. If you believe you have the rights to post the content at issue here, you can file a counter-claim. For more information on our DMCA policy, including how to file a counter-claim, please see http://www.google.com/dmca.html.

The notice that we received from the International Federation of the Phonographic Industry (IFPI) and the record companies it represents, with any personally identifying information removed, will be posted online by a service called Chilling Effects at http://www.chillingeffects.org. We do this in accordance with the Digital Millennium Copyright Act (DMCA). Please note that it may take Chilling Effects up to several weeks to post the notice online at the link provided.

The IFPI is a trade association that represents over 1,400 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings (the "IFPI Represented Companies").


Sincerely,

The Blogger Team

Well.. this is quite strange to receive such warnings, mainly because Google itself supplies the very same links I had in the post that allegedly infinges copyright laws.... Anyway, this was my answer:

As this is a copyright infringement warning, please be kind to supply the following as US Code Title 17, Chapter 5 § 512 (http://www.copyright.gov/title17/92chap5.html#512)

(3) Elements of notification.—
(A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Anyway, just one of the URLs mentioned in your mail is under my control, and contains nothing that infringe copyright, according to the terms of the Digital Millenium Copyright Act or the Copyright Law of the United States.

Thanks in advance.

I will act seriously on these warnings. Seems nowadays anyone may fill a copyright complain without identifying himself and without providing any evidence of being or acting in behalf of the rights holder.

4 comments:

  1. Do you plan to continue forward with your blog? I hope so because your blog happens to be one of my favorites, although I just found this new(?) blog/address, and I miss the old layout dearly. It was much easier to navigate and find what I was looking for. I've received these notifications regarding individual posts, deleted the post in question, and just moved forward. If you don't mind, could you please leave a comment on my blog so I don't forget to check back here? I'm studying for my final exams and my mind can only retain so much info at the moment :) I wish you the best of luck with everything. Take care.

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  2. I am at baikinange.blogspot.com and have gotten several of these already. I just removed the "offensive" posts. I started a mirror blog on wordpress and put the direct links to music there, and just linked my blogger to that. I am pretty much phasing out my blogger account because they are relentlessly removing music blogs. I don't know that wordpress is any better, but I am going to try it this way. I recommend starting a facebook page for your blog so loyal readers know where you go if you do decide to move. I hope you keep fighting the good fight--this obscure music will never be in print again and much of it is of interest to someone.

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  3. I already have a Facebook Group ;)

    http://www.facebook.com/group.php?gid=70185695707

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