Digital Millennium Copyright Act

Digital Millennium Copyright Act

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website, http://lcWeb.loc.gov/copyright/) and other applicable intellectual property laws. Responses 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 pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make it available to the public.

To file a notice of infringement with us, you must provide a written communication (by fax or post and 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 lawyers' 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 lawyers 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 a solicitor.

To enable us to process your request more quickly, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon. For example, "The copyrighted work at issue is the image that appears on http://www.legal.com/legal_page.html"

2. Identify the content on the profile in question that you claim is infringing the copyrighted work listed in item No. 1 above. Please provide us with the exact URL of the profile.

To find the exact URL of the profile, please follow these steps:
a. Go to the page of the profile that you are reporting.
b. Click the URL that displays in your browser's address bar.
c. Right-click and select "Copy".
d. In your notice to us, right-click and select "Paste" to add the URL to your document.

3. Provide reasonably sufficient information to permit Google to contact you (email address is preferred).

4. If possible, provide information sufficient to permit Google to notify the owner/administrator of the allegedly infringing web page or other content (an email address is preferred).

5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorised by the copyright owner, its agent or the law".

6. 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 authorised to act on behalf of the owner of an exclusive right that is allegedly infringed".

Google, Inc.
Attn: Google Legal Support, DMCA Complaints
1600 Amphitheatre Parkway
Mountain View, CA 94043, USA

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 post and 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 lawyers' 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 a solicitor. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.

To enable us to process your counter notification more quickly, 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 the 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."

Google, Inc.
Attn: Google Legal Support, DMCA Counter Notification
1600 Amphitheatre Parkway
Mountain View, CA 94043

Many Google Services do not have account holders or subscribers. For Services that do, 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.