Digital Millennium Copyright Act - iGoogle and Gadgets
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. Identify in sufficient detail the copyrighted
work that you believe has been infringed upon (for example, "The
copyrighted work at issue is the image that appears on http://www.google.com/gn/shared/12345678910111213141516/test")
or other information sufficient to specify the copyrighted work being
infringed (for example, "The copyrighted work at issue is the “Touch
Not This Cat” by Dudley Smith, published by Smith Publishing,
ISBN #0123456789").
2. Identify the material that you claim is infringing the copyrighted
work listed in item #1 above.
YOU MUST PROVIDE the URL of the offending module,
like this:.
http://www.examplemodule.com/data/qotd.rss
To
find the exact URL of the module, please follow these steps:
- Visit http://www.google.com/ig/directory
- Perform a search for the offending module.
- Click on the module's thumbnail to view the module
details page
- In your notice to us, paste the URL of the details page.
IF YOU CANNOT FIND THE MODULE'S URL, PLEASE PROVIDE THE FOLLOWING:
a. The URL of the page on which you saw the module. From your
browser's address bar, copy this URL to your clipboard (e.g. select
the text with the mouse, then right-click and select "copy") In
your
notice to us, paste this URL.
b. The title that appears at the top of the module on the home page.
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 allegedly infringing webpage
or other content (email address is preferred).
5. Include the following statement: "I
have a good faith belief that use of the copyrighted materials described
above as allegedly infringing 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, Personalized Homepage DMCA Complaints
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR fax to:
(650) 963-3255, Attn: Google Legal Support, Personalized Homepage
DMCA Complaints
The administrator of an affected site or the provider of affected
content 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 may 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 or other unique identifying information
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, message, or other item of 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 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, Personalized Homepage DMCA Counter Notification
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR fax to:
(650) 963-3255, Attn: Google Legal Support, DMCA
Counter Notification
For any additional questions regarding the DMCA process for iGoogle 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.