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DMCA Takedown Notification

Posted: Fri Jun 24, 2011 9:17 pm
by DRTY
I just got one about my blog. Basically all it is, is an archive of my radio show... I record the shows and upload them available for download. They're mixes, so all the tracks are unrippable, we make no money, am I doing something illegal?

I'm really confused by it all, the form to make a counter claim is pretty daunting too...

"I swear, under penalty of perjury, that I have a good faith belief that the 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 and will no longer be shown."

"I consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or the Northern District of California if my address is outside of the United States), and that I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person."

any ideas?

Re: DMCA Takedown Notification

Posted: Fri Jun 24, 2011 9:22 pm
by seckle
can you prove copyright? if you can't, take it down. i'd highly suggest you don't ignore it.

Re: DMCA Takedown Notification

Posted: Fri Jun 24, 2011 9:28 pm
by DRTY
seckle wrote:can you prove copyright? if you can't, take it down. i'd highly suggest you don't ignore it.
It was automatically removed... I'm just a bit annoyed really! Why can't the people who complained just email me? Contact details are easily available on there.

I want to do a counter-claim, but I'm worried there might be some law which actually makes mixes for DL illegal or something.

Also prove copyright to what? I keep all my Junodownload invoices.

Re: DMCA Takedown Notification

Posted: Fri Jun 24, 2011 9:38 pm
by Words
i remember i got one of those when i was about 14 for copy pasting some text off a website onto mine, scared me shitless thought i was gonna have to go to court and stuff lol

Re: DMCA Takedown Notification

Posted: Sat Jun 25, 2011 12:39 am
by volcanogeorge
DRTY wrote:
seckle wrote:can you prove copyright? if you can't, take it down. i'd highly suggest you don't ignore it.
It was automatically removed... I'm just a bit annoyed really! Why can't the people who complained just email me? Contact details are easily available on there.

I want to do a counter-claim, but I'm worried there might be some law which actually makes mixes for DL illegal or something.

Also prove copyright to what? I keep all my Junodownload invoices.
As sad as it is, if it's a DMCA claim, don't fuck with it. American lawyers are a bunch of cunce when it comes to copyright, and while you have more than enough reason in any EDM fan's eyes to claim fair use, its much easier not to bother. Does it say exactly track was supposedly "infringed upon"?

Re: DMCA Takedown Notification

Posted: Sat Jun 25, 2011 1:42 am
by seckle
Many big name dubstep producers and labels have signed their publishing to major companies (emi, etc) in the last two years. These publishing companies have right to protect their property. Your choice here is to either leave the mix online, or take it offline. The problem about this from now on is that your website is on their list to watch, so you'll probably run into this again. Whatever you do, don't ignore it or think they won't go after you. Uk copyright law is more severe than america.

Re: DMCA Takedown Notification

Posted: Sat Jun 25, 2011 11:11 am
by DRTY
urgh. How ridiculous! Didn't specify what it was at all, said thered be a reason stated on some website but I can't find it on there, maybe itll appear on there soon.

Thing is, if they actually told me what the problem was, then I can avoid it in future!

Re: DMCA Takedown Notification

Posted: Sat Jun 25, 2011 11:31 am
by volcanogeorge
I'm not going to argue with seckle here, he's at one extreme of the spectrum and i'm at the other so that'd be counter-productive. It does seem a bit off that you'd get a takedown notice for a mix, but I guess that it was at the label's request rather than the artists.

Re: DMCA Takedown Notification

Posted: Sun Jun 26, 2011 7:48 pm
by etidorhpa
I'm assuming this is to do with a Youtube video?
Normally a DMCA notification requires information relating to the problematic track so I'm suprised you don't know what the claim relates to.

Re: DMCA Takedown Notification

Posted: Sun Jun 26, 2011 8:05 pm
by pompende
DRTY wrote:I just got one about my blog. Basically all it is, is an archive of my radio show... I record the shows and upload them available for download. They're mixes, so all the tracks are unrippable, we make no money, am I doing something illegal?

I'm really confused by it all, the form to make a counter claim is pretty daunting too...

"I swear, under penalty of perjury, that I have a good faith belief that the 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 and will no longer be shown."

"I consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or the Northern District of California if my address is outside of the United States), and that I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person."

any ideas?
go ahead and sign that shit. its asking you if there was a mistake when your content was removed. there was a mistake. additionally you don't live in america so you aren't within the jurisdiction of any Federal District Court.
i mean were you playing stuff you weren't supposed to have? if not then you "have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification of the material"