Digital Millennium Copyright Act (“DMCA”)
The DMCA is a US copyright law which prohibits unauthorized access to a protected work by circumventing technological protection measures which are used to control access to that protected work.
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 it as easy as possible to submit notices of alleged infringement to Google while reducing the number of notices that we receive that are fraudulent, difficult to understand or difficult to 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 on the website of the U.S. Copyright Office, 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 he/she may make a counter-notification.
We may also document notices of alleged infringement upon which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of the 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 (see further below).
Infringement Notification for Web Search and all other products
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail 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 lawyer. Thread carefully.
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon with all the full information
- Identify the material that you claim is infringing the copyrighted work listed in item No.1 above.
FOR WEB SEARCH, YOU MUST IDENTIFY EACH SEARCH RESULT THAT DIRECTLY LINKS TO A WEBPAGE THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to provide (a) the search query that you used and (b) the URL for each allegedly infringing search result.
For example, suppose (hypothetically) that you conducted a search on google.co.uk using the query “google”, and found that the third and fourth results directly link to a webpage that you believe infringes the copyrighted text you identified in item No.1 above. In this case, you would provide the following information: Search Query: google
Infringing web pages: www.infringingwebsite.com