Digital Millennium Copyright Act
It is our policy to respond to notices of alleged infringement
that comply with the Digital Millennium Copyright Act (the text of which
can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/)
and other applicable intellectual property laws, which may include removing
or disabling access to material claimed to be the subject of infringing
activity. If we remove or disable access to comply with the Digital
Millennium Copyright Act, we will make a good-faith attempt to contact
the owner or administrator of each affected site so that they may make
a counter notification pursuant to sections 512(g)(2) and (3) of that
Act. It is our policy to document all notices of alleged infringement
on which we act. A copy of the notice will be sent to a third party
who will make it available to the public.
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 a 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.
2. Identify the material that you claim is infringing
the copyrighted work listed in item #1 above.
FOR WEB SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT
THAT DIRECTLY LINKS TO A WEB PAGE THAT ALLEGEDLY CONTAINS INFRINGING
MATERIAL. This requires you to provide (a) the search query that you
used, and (b) the URL for each allegedly infringing search result. (Note
that the URL for each search result appears in green at the end of the
description for that search result.)
For example, suppose (hypothetically) that you conducted
a search on google.com using the query "google", and found
that the third and fourth results directly link to a web page that you
believe infringes the copyrighted text you identified in item #1 above.
In this case, you would provide the following information:
| Search Query: |
google |
| Infringing Web Pages: |
directory.google.com/
groups.google.com/ |
FOR GOOGLE GROUPS, YOU MUST IDENTIFY EACH MESSAGE
THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL BY ITS MESSAGE-ID. To determine
the Message-ID, first locate the message in the Google Groups service.
The top right part of the page will contain a link labeled “Original
Format”, which if selected will provide the full header information
for the message. Included near the top of this full header is a field
labeled “Message-ID”, which contains the message-ID information.
3. Provide information reasonably sufficient
to permit Google to contact you (email address is preferred).
4. Provide information, if possible, sufficient
to permit Google to notify the owner/administrator of the web page that
allegedly contains infringing material (email address is preferred).
5. Include the following statement: "I
have a good faith belief that use of the copyrighted materials described
above on the allegedly infringing web pages is not authorized by the
copyright owner, its agent, or the law."
6. 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."
7. Sign the paper.
8. Send the written communication to the following
address:
Google, Inc.
Attn: User Support, DMCA Complaints
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR fax to:
(650) 618-2649
Attn: User Support, DMCA complaints
The administrator of an affected site 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 will 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 at www.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 of material that
Google has removed or to which Google has disabled access. For Google
Groups, identify the sender, date, newsgroup, and subject matter of
all the material in question.
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 or message identified above was removed or disabled
as a result of a mistake or misidentification of the material to be
removed or disabled."
4. Sign the paper.
5. Send the written communication to the following
address:
Google, Inc.
Attn: User Support, DMCA Complaints
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR fax to:
(650) 618-2649
Attn: User Support, DMCA complaints
