Comments on: How to Send a DMCA Takedown Notice

By: Stealing Images for Blog _ I am calling you out http://weddingphotographerdallas.com/

Sat, 06 Mar 2010 04:12:48 +0000

[...] Today, 11:09 PM Has anyone here seeing copies of their work tried sending a DMCA takedown notice to the offender's ISP? Would get the attention of the site owner, I'd think. How to Send a DMCA Takedown Notice | Black Star Rising [...]

By: Illegal Commerce Site

Illegal Commerce Site — Wed, 17 Feb 2010 07:17:10 +0000

[...] want to spend but two routes The easier route is.... Send a dmca notice to hosting company.. How to Send a DMCA Takedown Notice | Black Star Rising The other route is lawyer subpoenas the hosting company for contact details and then lawyer takes [...]

By: Copyright DMCA Takedown Request Tips | Custom CMS Web Design

[...] A big thank you to DreamHost for their prompt action, and to attorney Carolyn E. Wright who posted her tutorial and advice on Blackstar Rising entitled How to Send a DMCA Takedown Notice. [...]

By: Countervail

Countervail — Wed, 27 Jan 2010 22:46:39 +0000

Carolyn, what can you do in the case of a website the regularly violates DMCA? The scenario is a website that posts daily pictorials of images swiped from another professional community website. I have confirmed that the copyright holders are never asked permission personally being in touch with them. The ISP has been very helpful in offering to process DMCA requests and I've been notifying copyright holders with the takedown information when I can, but isn't there something to be done when a site is a regular violator of DMCA?

By: Eric Hatch

Eric Hatch — Thu, 12 Nov 2009 00:57:54 +0000

Bravo! Practical, useful, and tough-minded advice. I have retweeted this article.

BTW, your personal photo is badly out of focus. If you want a new one, I'd be happy to oblige!

By: brian

brian — Thu, 08 Oct 2009 21:33:44 +0000

So this guy has a domain name registered in the US but has his own server in Poland, and he stole my entire web pages, took my OLD domain name and put up a site with my pages with ads for hotels and casinos in Europe. So is the company in the US liable in any way?

By: Willie Webb

Willie Webb — Wed, 23 Sep 2009 18:53:12 +0000

Wow, this is great stuff and I'm glad I ran across your blog. Keep it coming!

By: Copyright Issues For Artists & Photographers | Arteccentrix Gallery Cayman Islands

Wed, 02 Sep 2009 04:21:24 +0000

[...] and they ignore you, your next step would be to issue a Digital Millennium Copyright Act (DMCA) takedown notice to their web hosting company. This will invariably work if the company hosting the site are in the [...]

By: Rick

Rick — Fri, 06 Feb 2009 14:41:06 +0000

Does this apply to MP3s? Someone has lifted on of my MP3s in its entirety and posted it on another site. -RS

By: regarding photo theft - PhotoCamel - Your Friendly Photo Community

regarding photo theft - PhotoCamel - Your Friendly Photo Community — Mon, 26 Jan 2009 04:46:14 +0000

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By: What To Do About Copyright Violation? - Pro Photo HOME

What To Do About Copyright Violation? - Pro Photo HOME — Sun, 07 Dec 2008 04:39:24 +0000

[...] What To Do About Copyright Violation? How to Send a DMCA Takedown Notice | Black Star Rising __________________ Michael [...]

By: Eric

Eric — Fri, 05 Dec 2008 20:47:09 +0000

I'm finding all of your articles to be very interesting. Thanks very much!

By: ScottBurton

ScottBurton — Wed, 10 Sep 2008 11:18:33 +0000

In regards to the question of international ISPs, it is worth noting that such companies are subject to their local law, which through the World Intellectual Property Organization Copyright Treaty (adopted in Geneva on December 20, 1996) and subsequently accepted/adopted/ratified by the bulk of the nations in which such servers and service providers reside, while not subject directly to the DMCA, are still subject to upholding and recognizing copyright from other nations.

This brings the burden back to the ISP that they are bound under law to enforce copyright as their local law would apply.

Failure to do so, leaves the ISP subject to prosecution within their home jurisdiction. While it might seem unlikely that a person in say, the United States will pursue a suit or prosecution in, for example, China, the prospect is still very real, and the consequences to the ISP could be devastating. In this example, to the tune of about $60,000 USD or actual damages (if determinable) plus potentially up to 7 years imprisonment.

With regards to the citing of RFC 1036, this appears to be specifying the format of the cancellation message to be sent back to the complainant.

As a SysAdmin, it would be your responsibility to take such a notice to the legal representative(s) of your organization, to determine whether this legal notice is a true and legal notice, and to determine what if any response your organization is obligated to issue.

By: KB

KB — Sat, 23 Aug 2008 23:26:52 +0000

RFC 1036?

What kind of gobblegook is that. Citing a 1987 Usenet spec as a response to an infringement on an http server?

As a sysadmin, if I got that, I would just scratch my head and ignore it.

You really should consult with a networking professional in order to present your request for action to actually make some sort of sense.

Good luck.

By: Carolyn E. Wright

Carolyn E. Wright — Wed, 20 Aug 2008 00:28:31 +0000

The DMCA is US law. Other countries may treat copyright infringements in the web differently. Check with your attorney for details.

By: joost van der Borg

joost van der Borg — Tue, 19 Aug 2008 19:01:25 +0000

Don't forget that the Internet is international, for instance, European isp's are under no obligation to take down (supposedly) infringing content unless ordered by a judge. The DMCA had no meaning there.

By: Carolyn E. Wright

Carolyn E. Wright — Tue, 19 Aug 2008 14:44:21 +0000

@Duane: absolutely, such copying of your photo onto a server without your permission is infringement. Ask the site owner and/or the ISP to remove it!

And register your photos!

By: Duane Stevens

Duane Stevens — Tue, 19 Aug 2008 11:38:25 +0000

Image on web-server, but not displayed

A copyright infringer reluctantly remove my photo from displaying on his website, but by linking to the file itself (not the page), I can see that my image is still stored on his webserver.

Do I have an rights? Can I ask the site owner or the ISP to remove it?

Documentation:
http://www.drspix.com/story2.htm