Archive for the ‘What Is Copyright Infringement’ Category

How to File a DMCA Take-Down Request to Google

Thursday, July 17th, 2014

GoogleGoogle is now offering a copyright infringement removal of Google search returns from the search index that are allegedly infringing on the copyrights of others. Google’s Infringement Notice is very straight forward to fill out. It asks for such information as contact information, country/region of the individual completing the form, a written description of the copyrighted work including the text excerpted for the URL, the URL where the copyrighted work is located on the web, the URL of the alleged infringing material, sworn statements and a signature. Google may also send the take-down notice to the Chilling Effects project, which publishes the action filed with Google after it redacts any personal information.

However, to complete such a notification report to Google, you should be aware that making such a report could expose you to liability for damages if such representation is false. Some people do not know that there are ‘fair use’ defenses under the Digital Millennium Copyright Act of 1998, which does allow for limited use of copyrighted materials. Google warns in its form that ‘if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.” So, if you are not positively sure whether the online search returns are, in fact, an infringement, the experienced internet attorneys at Traverse Legal can assist you with all the details that are needed in this take-down request, or can also help you with the Counter Notice in response to such a Take-Down Request Notice. Don’t expose yourself to additional legal complications by possibly making false misrepresentations of copyright infringement or not providing the proper information to defeat such a Notice.

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How Do I Send A Digital Millennium Copyright Act (DMCA) Takedown Notice?

Friday, November 22nd, 2013

dmcaaaaA DMCA take-down notice is an easy and relatively inexpensive way to have your copyright protected materials removed from a website hosting company servers, or a search index on Yahoo, Google, or Bing. The first thing you need to know about how to send a DMCA notice is that you must be the copyright owner in order to send the notice. The copyright owner is typically the person who put their fingers to the keyboard, their finger to the click button on the camera, or their pen to paper. The person who is the author of the work is most often the copyright owner. Sometimes the copyright owner will license or sign their interest to an employer or third party which may then have the impact of transferring the copyright to someone who is not the author.

The next thing you need to understand about how to send a DMCA take-down notice is who to send it to. As noted above, any third party who is

a service provider with a DMCA copyright policy is potentially a target for a DMCA notice letter. So, for instance, the company

hosting the website is often the primary DMCA notice target. People don’t realize they can also send a DMCA notice to Google, Yahoo, and Bing in order to have their materials removed from the search index. That often gets the job done since the infringing material doesn’t come back on search.

You must strictly follow the DMCA take-down policy and rules set forth by the third party provider in order to successfully remove copyright protected materials from the internet. If a provider does not have a DMCA policy, then they may not have immunity from copyright infringement claims. This means you could send a copyright infringement threat letter directly to that third party provider unprotected by DMCA immunity provisions.

An experienced DMCA attorney can help you understand how to send a DMCA take-down notice, who to send it to and what to expect by way of response. Understanding how to send a DMCA notice correctly will save you a lot of time and money down the road.

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Have You Been Accused of Copyright Infringement: What Precautions Should You Take to Avoid Being Accused

Thursday, October 10th, 2013


Matt: Hi, it’s Matt Plessner, and welcome to another installment of Copyright Law Radio. Today we are going to be talking about something that has kind of been a controversy on and off for quite some time. A while back in the earl 2000′s, sites came up like Napster, Morpheus and Grokster and stuff like that where you could download music for free. And of course, many artists didn’t like this and started pressing charges against even individuals. Now, stuff like this is still going on with certain sites and people are getting persecuted for this. We’re going to be talking about how you could avoid having this happen, and if it does happen to you, how does it happen, first of all, and what can be done about it most importantly. To talk to us about this today, we’re speaking with Attorney At Law Mark Clark from the Traverse Legal office of Traverse City, MI. Mark, thanks again for joining us.

Mark: You’re welcome, Matt, it’s always a pleasure to be here with you.

Continue reading Have You Been Accused of Copyright Infringement: What Precautions Should You Take to Avoid Being Accused »

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Cease and Desist Letter Dos and Don’ts: A Copyright Attorney’s Perspective

Tuesday, February 26th, 2013

You think someone is infringing your copyright. You see that they’ve posted something that belongs to you on the Internet, either a picture or a photograph or a piece of art or a literary work or a design, and you believe that a cease and desist letter should be sent. Continue reading Cease and Desist Letter Dos and Don’ts: A Copyright Attorney’s Perspective »

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Bikram Yoga Does Not Own Copyright on Hot Yoga Poses

Tuesday, December 18th, 2012

Traverse Copyright Law has represented multiple defendants sued by Choudhury Bikram and the Bikram Yoga College alleging copyright infringement. Bikram Yoga has sued other studios over the years for offering Hot Yoga variations of the Bikram Yoga Method. In 2012, the United States Copyright Office issued a letter indicating that the previously issued copyright to Bikram for its yoga pose sequence was issued in error. Once the United States Copyright Office abandoned its allowance of the Bikram copyright, it was only a question of time before courts would soon follow. Continue reading Bikram Yoga Does Not Own Copyright on Hot Yoga Poses »

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Someone Stole My Website Content: Copyright Implications.

Friday, August 17th, 2012

The first thing you need to understand when answering the question, “What can I do if someone steals my website content?” is you need to understand that these are copyright infringement issues that are governed by United States Copyright Law. If someone takes your website content and reposts it on their web pages, that can be for several reasons. What we see, as copyright law attorneys who see this kind of website scraping going on every day, there are a variety of different approaches that can be used in order to deal with the copyright problem. However, it really depends on who you’re dealing with.

Continue reading Someone Stole My Website Content: Copyright Implications. »

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Protecting Your Company from Copyright Infringement on the Internet

Monday, June 25th, 2012

What is a copyright? Well, a copyright is any original work of authorship that is unique enough that you can actually have rights in. So, obviously, if you developed a website and generated a lot of content for that website, you have copyright protection in that website. If you designed a logo or a design for your website, you could have copyright protection in that design for your website.

Continue reading Protecting Your Company from Copyright Infringement on the Internet »

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What Is Copyright Infringement?

Friday, December 16th, 2011

Copyright infringement is the copying of the creative works of authorship of another that results in the violation of the rights secured to that author under federal law. These rights, guaranteed by § 106 of the act, consist of the right to reproduce, to prepare derivative works, to distribute copies, to perform publicly, to display publicly, or to perform via digital audio transmission the copyrighted work. Copyright protection arises once the work is “fixed in a tangible medium of expression,” and copyright registration provides additional benefits, such as the ability to file a lawsuit in federal court and increased damages awards.

If you feel you’ve been the victim of copyright infringement, contact one of our copyright attorney’s today—our internet lawyers are ready to help.

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