Digital Millennium Copyright Act - Google Finance
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.
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. 1. Identify in sufficient detail the copyrighted
work that you believe has been infringed upon. For example, "The
copyrighted work at issue is 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.
FOR GOOGLE FINANCE, YOU MUST IDENTIFY THE URL OF THE
POST THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL AND THE TEXT OF
THE COMPLAINED UPON LINK.
For example, suppose (hypothetically) that you conducted
a search on finance.google.com using the query [Google], and found
an item that contains information that you believe infringes the
copyrighted text you identified in item #1. In this case, you would
provide the following information:
| Search Query: |
google |
| Infringing Web Pages: |
http://groups.google.com/group/google.finance.usa.nasdaq.goog/msg/ffeb0684340d0f3f |
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 post 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 described
above on the allegedly infringing web pages 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, Google Finance DMCA Complaints
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR fax to:
(650) 963-3255, Attn: Google Legal Support, 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. For Google
Finance, identify the sender, date, and subject matter of all the
material in question.
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, DMCA Google Finance Counter Notification
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR fax to:
(650) 963-3255, Attn: Google Legal Support, DMCA
Counter Notification
