Digital Millennium Copyright Act
It is our policy to respond to notices of alleged infringement that
comply with the Digital Millennium Copyright Act (the text of which
can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/)
and other applicable intellectual property laws. Responses 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 pursuant to
sections 512(g)(2) and (3) of that Act. It is our policy to document
all notices of alleged infringement on which we act. As with all legal
notices, a copy of the notice may be sent to one or more third parties
who may make it available to the public.
| Infringement
Notification for Google Maps |
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.legal.com/legal_page.html"
2. Identify the content on Google Maps that you claim is infringing the copyrighted work listed
in item #1 above.
For example, if it is an image that you wish to have removed from our service,
provide the exact URL for the image.
For example:
http://www.google.com/base_image?q=LBC-8811-3696307815&size=3
To find the exact URL of the image, please follow these steps:
a. Click on the image you are reporting on the Google Maps business listing.
b. Click on the URL that displays in your browser's address bar.
c. Right-click and select "Copy."
d. In your notice to us, right-click and select "Paste" to
add the URL to your document.
If the source of the infringement you claim in #1 above is content contained in a gadget displayed on Google Maps, 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:
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:
Google, Inc.
Attn: Google Legal Support, Google Maps DMCA Complaints
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR fax to:
(650) 963-3255, Attn: Google Legal Support, Google Maps 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, Google Maps DMCA Counter Notification
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR fax to:
(650) 963-3255, Attn: Google Legal Support, Google Maps DMCA Counter
Notification
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's DMCA agent and
provide information sufficient for us to verify that the account
holder or subscriber is a repeat infringer. |