ExtortionLetterInfo Forums
ELI Forums => Getty Images Letter Forum => Topic started by: Robert Krausankas (BuddhaPi) on August 17, 2011, 11:34:23 AM
-
I would not want to be the user on the other end of this, I'd be willing to bet they got a very long letter, with lots of pages...and they probably had their picasa account yanked..
http://www.chillingeffects.org/dmca512c/notice.cgi?NoticeID=69280 (http://www.chillingeffects.org/dmca512c/notice.cgi?NoticeID=69280)
::EDIT:: can GI actually go after the end user in this case...the images were not stored on their own domain, they were on shared environment..??
-
When you upload to Picassa, don't you have to certify that you have the rights to use the image? I suppose GI could sue the person that posted them. But it is easier to pick off the low hanging fruit and send out demand letters to people that have web sites with GI pics on them.
(Also, apparently the original poster didn't get their account yanked, because there are still a lot of other pics of that Cody chap up there.)
-
Thanks to buddhapi for posting the link. Great research as always!!
I would guess that this wouldn't be much different than most other alleged infringement situations.
Each alleged Internet infringer has several things in common. Firstly, a website exists wherein the infringing content was published. An ISP of some sort is needed to host the site on (in this case it's Google/Picasa), and also a web content owner/publisher (the end user) in this case it's the owner of the Picasa account.
In all cases, the ISP hosting a site is protected by the DMCA, whether it's Google, or GoDaddy.
I surmise that the DMCA takedown notice was sent to Google because the user of the Picasa account was unresponsive, or they couldn't reach him/her.
It might be difficult to show that the images infringed upon were used for commercial purposes; the Picasa account doesn't appear to sell anything.
So, it could be difficult for Getty to prove that significant damages were caused.
One thing that's not in question is that the Picasa account holder is a huge fan of rock-hard abs.
If Getty comes after him, I'd be very wary of "Roid-Rage".
S.G.
-
Thanks to buddhapi for posting the link. Great research as always!!
In all cases, the ISP hosting a site is protected by the DMCA, whether it's Google, or GoDaddy.
Reasearch?? I like that, even if it looks like I have too much time on my hands! I actually stumbled upon it un-intentionally ;)
So SG, If i'm a hosting provider would I be covered by DMCA? , not that i'm to concerned, I'm not scared of anything at this point in my life..
I've had several clients get letters that host with me, and the first thing they do is call me frantically..I've been warning client of this issue since I became involved, but some just don't want to hear it.. I have it in TOS that if I receive and copyright infringment notices, DMCA notices or whatever, their accounts will be closed, and all files deleted..& no refunds end of story..
-
Thanks for your response, buddhapi.
As a hosting provider, you're protected by the DMCA. No question.
You provide storage, bandwidth, etc. The end user is ultimately responsible for the content.
Much the same thing applies for ISPs who provide Internet access.
They're not liable for what people upload/download.
That's a big relief for businesses in that they don't have to "police" what their customers do.
Thanks again for your posts.
S.G.
-
To get the protection DMCA 512(c) you need to file with the copyright office first. Being an ISP, Web-Farm or other provider is not going to protect you at all without that filing. You must file the form before you get served to get the safe harbor of 512(c). I host for some of my clients and friends and therefore, I am the provider of the web server. So I filed on my company name, my web site .com name and up to ten additional names (my other companies, websites, Etc.). It costs about $135.00 to do the initial name plus the extra ten names. Filing as the host would have been good enough, but I wanted to list my other companies and some of the domain names to make it crystal clear that these names are covered. But since I am the Agent of Record under the main company, it would come to that one company anyway. This is how web-farms like GoDaddy and 1and1, Etc. can fle under just one name and they get the safe harbor for sites hosted on their web-farm.
The basic form can be found at the bottom of http://www.copyright.gov/onlinesp/ (http://www.copyright.gov/onlinesp/)
To see a list of the companies that have filed and a scanned image of their registrations with the copyright office, take a look at the agents listing:
http://www.copyright.gov/onlinesp/list/a_agents.html (http://www.copyright.gov/onlinesp/list/a_agents.html)
DC
-
@Doctor C --
There is nothing in the DMCA law preventing you from declaring yourself as your own agent. The rule is as follows:
(2) Designated agent. — The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement described in paragraph (3), by making available through its service, including on its website in a location accessible to the public, and by providing to the Copyright Office, substantially the following information:
(A) the name, address, phone number, and electronic mail address of the agent.
(B) other contact information which the Register of Copyrights may deem appropriate.
The Register of Copyrights shall maintain a current directory of agents available to the public for inspection, including through the Internet, in both electronic and hard copy formats, and may require payment of a fee by service providers to cover the costs of maintaining the directory.
The only reason you would need to spend the $135 to get the Copyright office's directory would be if you did not want to be contacted regarding these issues or wished to remain anonymous. Most small web shops can be their own agents and have their contact information prominently displayed.
That is my read on it.
-
It would be kind of ironic to have to register for DMCA protections from others who often don't even own the copyrights to their content.
S.G.
-
McFilms is correct that you can be your own DMCA agent, but you have to register your contact info with the Copyright Office. Every hosting provider should do so to get DMCA protection.