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Recent DMCA questions
I have a website and I have a couple questions 1) I have
I have a website http://hotnessrater.com and I have a couple questions1) I have received DMCA take down notices where they claimed the copyright owner was Kathy Ireland. This picture was a user uploaded picture of a Sports Illustrated Cover. As the picture is Sports Illustrated, I doubt Kathy Ireland even has the rights to this. Do I have the right to ask for proof that they are the copyright holder or do I just have to take it down since I am obviously not the copyright holder?2) My whole site is based on rating and ranking pictures. Since we are rating them, is that enough to fall under fair use (commenting, criticism)?
I sell jewelry online. I received an email from someone
Hello… I sell jewelry online. I received an email from someone (NOT a lawyer) who claim they have copyrights on some of the jewelry designs I am selling. I buy my jewelry from a few vendors in the USA and I use completely different photos and the jewelry is similar looking but NOT 100% exactly the same.QUESTION: How do I know that copyright registration numbers they gave me is for the actual jewelry designs and not for specific photographs, (since I am NOT even using their photographs), or something else completely different? I went to the copyright web site and saw their registration numbers, but I cannot see the exact images or content that is copyrighted.I went to http://cocatalog.loc.gov and used their company name in “keyword search” term “Lovie Art Jewelry” (LovieArtJewelry.com) they have 15 registration numbers for Masonic Rings, but again cannot see exactly what content was copy written. I took my listings off in the mean time (for now), but I would like to know if they are being legitimate with this claim.These were the (5) exact copyright registrations they were referring to.VA0001944045VA0001969876VA0001945042VA0001924104VA0001945172WHAT I NEED ANSWERED:1. I just need to know if these copyright numbers are legitimately for the design, or for a specific photograph rendition. Do you have access to the images in the copyright design library file?2. If you too cannot see the actual design proof on the copyright website to compare to my own rings, should I just re-list my items, and tell the Lovie Art Jewelry company to contact DMCA and when I receive an official alert from my ISP hosting provider about my online products web pages I then take action to remove content from my site? I don't want to lose potential sales and inventory I have over a bogus copyright claim.3. If so, Are the ring or images I have in violation? I have one single JPG file I can show you of my (5) five rings vs theirs.NOTE: I can send a simple JPG file. Please Advise me how to send it to you. Thank you.
Someone at Amazon-KDP downloaded my book, removed the titles
Someone at Amazon-KDP downloaded my book, removed the titles to my short stories, copied the stories only, then uploaded their edited version book to the Amazon Book Store, probably by mistake, because they forgot to save the original version (mine). What is in the store is not what I previewed and uploaded to be published. I think someone will try and claim my stories as theirs. I have given proof to KDP and spoken with them twice, and sent them emails. I've not heard back from them in a couple of days. Do I have a legal case for piracy?
Is it legal to file a new DMCA takedown notice same
Is it legal to file a new DMCA takedown notice for the same content URL after the infringer has responded with a counter notice? But send DMCA to another entity (i.e. to Google to remove links to that page, or to the top level hosting "A" that provides infrastructure ans servers to a reseller hosting "B", when hosting "B" had been the addressee of the first DCMA notice.)
Received a CEG-TEK International DMCA notice, telling him he
received a CEG-TEK International DMCA notice, telling him he engaged in illegal copying of a movie and that he can access a settlement offer and settle online . If I do nott settle by 5/24, they are threatening legal action, court costs, etc. I have read that this CEG-TEK is a copyright troll. Have you heard of this type of action? I have read that there are concerns about using their copyright settlements web site. I not have much cash to use to settle on their web site. I'm wondering what the risks are of him ignoring the DMCA notice. Any thoughts?
I was sent a notice on Etsy of my listings claiming
I was sent a notice on Etsy for one of my listings claiming it was intellectual property and there was a copyright. Mine is a tank top and her's is a shirt.My saying is:Fit (heart logo here) ishmostly fit; kinda fit; semi-fit;(heart and line design here)someone who loves the concept ofbeing fit, but loves food on the same level.Her's says:FIT(ish)Semi-fit; kind of fit;Someone who likes the idea ofbeing fit but equally likes foodHow does this work? Can it be copyrighted or trademarked? Our designs are not the same.This is what was sent to me:Etsy received a notice of copyright infringement from Hayley Bobay alleging that certain material on Etsy is not authorized. In accordance with our Intellectual Property Policy, Etsy deactivated the 1 listing specified as infringing.If you have questions about the notice, you may consider contacting Hayley Bobay (*****@******.***), the authorized representative of Hayley Bobay who provided Etsy with the notice, or talk to an attorney. Also, please reference the following help article for insight about how Etsy handles these types of notices and issues.Do not re-activate the material unless you've resolved the issue with the notifying party and/or intellectual property owner. Repeat notices of infringement may result in the loss of account privileges.If you have a good faith belief that a notice of copyright infringement involved a misidentification or mistake, you may consider submitting a DMCA counter notice. You can read our DMCA counter notice policy here, and you can submit a DMCA counter notice here.Below is the information provided in the notice:Hayley Bobay Intellectual Propertyfitish copyrightCopyright registration number 1-2908491917Copyright jurisdiction U.S. Copyright OfficeInfringing material reportedhttps://www.etsy.com/listing/291359961/fitish-french-terry-tank-top-racerbackhttps://www.etsy.com/listing/291382807/fitish-french-terry-tank-top-racerback
A company noticed to my site about some DMCA
Hi, a company noticed to my site about some DMCA for video copyright infringement.My site is an adult tube.Indeed these video was hosted on my server and I didn't know was under copyright.As soon as I get the notice, I removed all their contents.Anyway, I also contacted them trying to buy copyright rights for removed video.So that I can upload again that videos on my site without copyright problems.They said to make an offer.I made an offer and at this time I also said them to give me the list of all my videos under their copyright infringement, so that I can remove everything manually until I get copyright rights.But then they ignored me.They didn't accept my offer, they didn't refuse my offer, they didn't give me any list of URL to remove.After about a month of waiting their answer, I sent them an email where I complain about the fact they ignored me, accusing them to lack of professionalism. I have not offended them tough.After few hours they answer me. They said them was at three exhibition in a row (In their site there was any news about this three exhibition. But even if this was true, in this cases business should run automate email to inform clients they are offline. Indeed they are not professional if they close everything without let users know they are offline) so that they could not anwer to my offer. Due to my email, they said they don't want to agree any deal with me and that they will sent lawyers going after me since I still have a lot of their products on my site.But still they didn't say me which videos are under copyright.And to tell you the truth, I don't think they own anything else. I looked at products available in their site, but there is anything else product owned by them in my site. But I do not know if maybe there are copyright infingement about other company.Do you think they will harm me in some ways?Thank you
I have a very popular regional country dance band. IView more intellectual property law questions
I have a very popular regional country dance band. I recently bought a box truck and a sign company put our band logo on it. If the same sign company downloads some beer logos from "Brands of the World" and puts them on truck, am I asking for legal / trademark trouble ?