Digital Millennium Copyright Act - Google AdWords
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 submitting notices of alleged infringement to Google as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or 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 at the U.S. Copyright Office Web Site, 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 they may make a counter notification.
We may also document notices of alleged infringement on which we
act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it.
As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
Infringement
Notification for AdWords |
To file a notice of infringement with us, you must provide a written
communication (by fax or regular mail -- 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 attorneys' 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 attorneys 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 an attorney.
To expedite our ability to process your request, please use the following
format (including section numbers):
1. Identify in sufficient detail the copyrighted work that you believe
has been infringed.
For example: The text that appears on http://www.legal.com/legal_page.html
.
2. Identify the material that you claim is infringing the copyrighted
work listed in item #1 above. You must identify each ad that directly
links to a web page that allegedly contains infringing material.
This requires you to provide (a) the search query that you used, and
(b) the ad text and visible URL for each allegedly infringing ad result.
(Note that the URL for each ad appears as the last line in each ad
result.)
For example, suppose (hypothetically) that you conducted
a search on google.com using the query "google", and found
that a sponsored link that directly links to a web page that you
believe infringes
the copyrighted text you identified in item #1 above. In this case,
you would provide the following information:
Search Query |
google |
Infringing Sponsored Link: |
Example Ad Text
Example Ad Text
Example Ad Text
www.infringingwebsite.com |
3. Provide information reasonably sufficient to permit
Google to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit Google to
notify the owner/administrator of the web page that allegedly contains
infringing material (email address is preferred).
5. Include the following statement: "I have a
good faith belief that use of the copyrighted materials as described
above is not authorized
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 authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Google, Inc.
Attn: Google Legal Support, AdWords DMCA Notification
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR Fax to:
1-650-644-0257, Attn: Google AdWords, DMCA complaints
The administrator of an affected site 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 will reinstate the
material in question.
To file a counter notification with us, you must provide a written
communication (by fax or regular mail -- 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 attorneys' 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 an attorney. A sample counter notification may be
found at www.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please
use the following format (including section numbers):
1. Identify the specific URLs 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 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 or
message 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."
4. Sign the paper.
5. Send the written communication to the following address:
Google, Inc.
Attn: Google Legal Support, AdWords DMCA Counter Notification
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR Fax to:
(650) 644-0257, Attn: Google AdWords, DMCA complaint
For any additional questions regarding the DMCA process for AdWords please contact us at removals at google dot com or (650) 214 - 4053.
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 and provide information sufficient for us to verify that the
account holder or subscriber is a repeat infringer.
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