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Recent DMCA questions

I sent in a DMCA to Automattic.com and received a response:

I sent in a DMCA to Automattic.com and received a response: The material identified does not appear to be copyrightable subject matter. See http://www.copyright.gov/help/faq/faq-protect.html for more information. As such, we do not believe that your complaint properly falls under the DMCA.JA: What written documentation do you have?Customer: Sorry I wasn't doneJA: Have you talked to a local attorney? Has anything been filed in court?Customer: I didn't even finish my commentJA: Anything else you want the lawyer to know before I connect you?Customer: I responded with the following: You have no right to determine whether or not the material in question is being used illegally of if it falls under copyright law. As a service provider you must follow the DMCA regulations as follows:1. Copyright owner submits notification to service provider2. If the service provider receives a proper notification, the service provide removes or blocks access to material identified in notification. Service provide usually give offender two days to fix problem or make a counter claim.3. If the service provider promptly removes or block access the provider is exempt from liability, and is protected from any liability for claims because they took down the material.4. If a counter claim is made the service provider put the material back up.5. The copyright owner must file an action seeking a court order against the subscriber and win in order to have the material removed.Is this correct and what can I do about a service provider that thinks he is a lawyer and refuses to contact the infringing website owner?

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Robert McEwen, Esq.

Doctoral Degree

24,128 satisfied customers
If I publish a content on my online portal (with credit

Hi,If I publish a content on my online portal (with credit line/link to original source) because it is collected from another source. Later find out that this content is not from the source that I linked to, but its from another source.For example, I posted a piece of content collected from X, so I included the x website link on the bottom of the post to give credit to the original source.But later on found out, that piece of content is in fact created by Y , not X .Now if I find it out myself then I can most probably remove that content to be on the safe side.But the question is, what if I collect contents from many sources without knowing that these sources collected these contents from other sources and I keep these content on my portal.Can the original owner file Dmca case against me ? Even though I collected it from another source.Thanks

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Ely

Counselor at Law

Juris Doctor

68,680 satisfied customers
I am doing a website where you can go and see Live TV from

HiI am doing a website where you can go and see Live TV from different place in the world, I include the Live TV, using embed code or embedding the iptv directly in my player, i try to see information about copyright infringement and found this information Perfect 10, Inc. v. Google, Inc., but I don't understand is it only relative to images or something else, them, I would like to know the legal situation in this cases:1) sometimes the website that have live TV example: http://www.aljazeera.com/live/ , does not show a embed code, if i take this live video and I include in my website, even if the don't show a embed code to allow it.2) Other case is that you don't take the player, you hot linking the iptv, and include it in your own video player, I would like to know the legal situation about it .3) In the case the you include the content of a website with an Iframe, where a big part or content of a website is displaying in my website.All this situation are relate with websites that have their live tv open to the public, I mean everybody can see the live tv, is not about private or paid tv.4) The last example is embedding content from other website that is infringement copyright issues , example: a website is displaying private tv channel, and I take it and embedding in my website.If it possible I would like short and easy answer, if this laws "Perfect 10, Inc. v. Google, Inc.," apply to it, and what can I do to protect my self about these cases, I have DMCA Notice of Copyright Infringement in my website, I would like to know if I need anything else.Thanks.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,356 satisfied customers
Received a DMCA on website and not exactly sure what content

Received a DMCA on website and not exactly sure what content i should remove because it's description was vague and didn't inform me of much.

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Ely

Counselor at Law

Juris Doctor

68,680 satisfied customers
I have a website www.msodette.com Someone copy pages and

I have a website www.msodette.comSomeone copy pages and pages of my website to a Google blog to steal my clients. They also took all my videos I made in Haiti, some have my husband in Vodou service. They copy all my videos and put their gmail and blog address on them.I reported to webs.com , my website host. As well as youtube and Google but nothing.I need google and youtube to pay for not remove this.This person is stealing my cluents.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,356 satisfied customers
Our jewelry designs are being copied by China factories then

Our jewelry designs are being copied by China factories then sold to U.S. sellers on Amazon, Etsy and eBay. When I contact these sellers, they won't remove the items unless I have proof of documentation. Does that mean without a registered copyright for each new design we make we don't have any control over them?Thanks,Neal

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,356 satisfied customers
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)?

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Alex Reese

Intellectual Property Attorney

JD

4,180 satisfied customers
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.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,356 satisfied customers
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?

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39,478 satisfied customers
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