Google 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.