Discussions
Should I Be Worried?
Posted by itSAMEERacle • 5/26/09 • Subscribe to this Discussion [RSS] • Report This Topic
Topics: blogger dmca takedown, copyrights, music
In my free time I like to do mashups of songs I like and after I went to a music festival (Sun God) I made a mashup using all of the performers from the fest. I posted it for download on my blog (BIG MISTAKE) and now Blogger just sent me this email:
"Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog infringes upon the copyrights of others. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.
The notice that we received from the International Federation of the Phonographic Industry (IFPI) and the record companies it represents, with any personally identifying information removed, will be posted online by a service called Chilling Effects at www.chillingeffects.org. We do this in accordance with the Digital Millennium Copyright Act (DMCA). Please note that it may take Chilling Effects up to several weeks to post the notice online at the link provided.
The IFPI is a trade association that represents over 1,400 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings (the "IFPI Represented Companies").
The DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. We are in the process of removing from our servers the links that allegedly infringe upon the copyrights of others. If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. See www.educause.edu/Browse/645?PARENT_ID=254 for more information about the DMCA, and see www.google.com/dmca.html for the process that Blogger requires in order to make a DMCA complaint.
Blogger can reinstate these posts upon receipt of a counter notification pursuant to sections 512(g)(2) and 3) of the DMCA. For more information about the requirements of a counter notification and a link to a sample counter notification, see www.google.com/dmca.html#counter.
Please note that repeated violations to our Terms of Service may result in further remedial action taken against your Blogger account. If you have legal questions about this notification, you should retain your own legal counsel. If you have any other questions about this notification, please let us know.
Sincerely,
The Blogger Team"
Has this kind of thing ever happened to anyone? Do you think I should be worried? I am also extra worried because the mix itself probably infringes on too many copyrights.
User Comments
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Q: Do you think I should be worried? I am also extra worried because the mix itself probably infringes on too many copyrights.
A: Why worry? Stop violating copyrights - problem solved.
Here's a link that IMO every blogger ought to bookmark.
100 Essential Legal and Privacy Guides for Bloggers
www.criminaljusticeusa.com/blog/2009/100-essential-legal-and-privacy-guides...-
Im definitely not going to ever post anything I mix up for download again, but I am just worried about what will happen next. Could I get sued?
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I doubt it...you are a little fish in a big ocean if you catch my drift -
yeah I was hoping they would just be like "not many people even downloaded it. Its ok no need to bother."
I made sure to delete the mediafire link too -
totally...I would not worry about it that much. Think about it from their perspective.
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ok thanks i just get kinda paranoid. I just realllly realllly wouldnt want something like that to happen. I actually ended up deleting all my mashup download links...which was probably for the best.
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Please note that repeated violations to our Terms of Service may result in further remedial action taken against your Blogger account.
Technically "yes" you can be sued and more to the point so could your web host if they did not remove it. The web host has made it clear you appear to have violated their Terms of Service. They also provided information for the only way you could remedy this.
Blogger can reinstate these posts upon receipt of a counter notification pursuant to sections 512(g)(2) and 3) of the DMCA. For more information about the requirements of a counter notification and a link to a sample counter notification, see www.google.com/dmca.html#counter.
All web hosts have similar clauses pertaining to copyrighted materials in their Terms of Service. They have warned you once and had staff remove the contentious material, if you do this again they can delete your blog without notice -- bang it's gone!
BTW I have seen this happen over and over again to bloggers who try to argue with the web host after the fact. You entered a legal and binding contact in order to get a blog. You violated the contact. The web host can and will delete your blog and your account and blacklist you - game over. -
better safe than sorry but I would put you more in the safe category
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Thanks Timethief. I never will do it again for sure. I just thought nobody would find out if it was material I mixed myself. But now I know. I would not like to lose my blog because of this kind of thing.
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better safe than sorry but I would put you more in the safe category
Wrong! -
Yeah...the IFPI is very vigilant
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