Digital Millennium Copyright Act - Blogger
It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Google as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.
Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party partner for publication and annotation. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
Infringement Notification for Google Blogger
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
1.Identify in sufficient detail the copyrighted work that you believe has been infringed upon. This post must include identification of the specific posts, as opposed to entire sites. Posts must be referenced by the permalink of the post. For example, “The copyrighted work at issue is the text that appears on http://johndoe.com/test/2006_01_01.html#2106.
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
YOU MUST IDENTIFY EACH POST BY PERMALINK OR DATE THAT ALLEGEDLY CONTAINS THE INFRINGING MATERIAL. The permalink for a post is usually found by clicking on the timestamp of the post. For example, “The blog where my copyrighted work is published on is http://copyright.blogspot.com/archives/2006_01_02_example.html.”
3. Provide information reasonably sufficient to permit Google to contact you (email address is preferred).
4. Include the following statement: "I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.".
5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. Sign the paper.
7. Send the written communication to the following address:
Attn: Google Legal Support, Blogger DMCA Complaints
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR fax to:
(650) 618-2680, Attn: Blogger Legal Support, DMCA Complaints
Please note that a copy of each legal notice we receive is sent to a third-party partner for publication and annotation. As such, your letter (with your personal information removed) will be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861. A link to your published letter will be displayed in Google's search results in place of the removed content.
The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter notification may be found atwww.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
1. Identify the specific URLs or other unique identifying information of material that Google has removed or to which Google has disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Santa Clara County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
4. Sign the paper.
5. Send the written communication to the following address:
Attn: Google Legal Support, Blogger DMCA Counter Notification
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR fax to:
(650) 618-2680, Attn: Blogger Legal Support, DMCA Counter Notification
For any additional questions regarding the DMCA process for Blogger please contact us at removals at google dot com. Account Termination
Many Google Services do not have account holders or subscribers. For Services that do, such as Blogger, Google will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact Google's DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.