John White
New member
This may not belong here, but thought it may be useful for Fauna members. The DMCA Take Down Notice is not my creation, but it is effective.
So you found your photo on someone's website.
Email them and ask them to remove it.
If that doesn't work or the person needs some persuasion, look up their contact information using Whois lookup - http://whois.domaintools.com/
Send the following to their internet service provider:
-----------------------------------------------------------------------------
DMCA TAKE DOWN NOTICE
My name is <name>. The website <website name> that your company hosts (according to WHOIS information) is infringing a copyright protected image owned by me.
This photo was copied onto your servers without permission. The original photo, to which I own the exclusive copyrights, can be found at:
<original photo url>
The unauthorized and infringing copy can be found at:
<stolen photo url>
This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.
Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.
I am providing this notice in good faith and with the reasonable belief that rights my company owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.
Should you wish to discuss this with me please contact me directly.
Thank you.
<name>
<address>
<phone number>
<email address>
-------------------------------------------------------------------------------------
If the DMCA Take Down Notice does not produce the desired results, file a formal complaint with Internet Crime Complaint Center (IC3) - http://www.ic3.gov
I have had to resort to using the IC3 a few time and it is pretty amazing how quickly an IPS responds to a call or email from the FBI.
So you found your photo on someone's website.
Email them and ask them to remove it.
If that doesn't work or the person needs some persuasion, look up their contact information using Whois lookup - http://whois.domaintools.com/
Send the following to their internet service provider:
-----------------------------------------------------------------------------
DMCA TAKE DOWN NOTICE
My name is <name>. The website <website name> that your company hosts (according to WHOIS information) is infringing a copyright protected image owned by me.
This photo was copied onto your servers without permission. The original photo, to which I own the exclusive copyrights, can be found at:
<original photo url>
The unauthorized and infringing copy can be found at:
<stolen photo url>
This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.
Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.
I am providing this notice in good faith and with the reasonable belief that rights my company owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.
Should you wish to discuss this with me please contact me directly.
Thank you.
<name>
<address>
<phone number>
<email address>
-------------------------------------------------------------------------------------
If the DMCA Take Down Notice does not produce the desired results, file a formal complaint with Internet Crime Complaint Center (IC3) - http://www.ic3.gov
I have had to resort to using the IC3 a few time and it is pretty amazing how quickly an IPS responds to a call or email from the FBI.
