DCMA content removal notice from Twitter
Discussion
Hello all. A friend received the following from Twitter. Has anyone else had this before and does anyone know what (if anything) he needs to do? Thanks.
Hello,
The following material has been removed from your account in response to the DMCA takedown notice copied at the bottom of this email:
- Avatar
If you believe the material has been removed as a result of mistake or misidentification, you may send us a counter-notification of your objection pursuant to 17 U.S.C. § 512(g)(3).
Please include the following in your counter-notification:
1. Your full name, address, telephone number, e-mail address, and Twitter user name.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. The following statement: “I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the Northern District of California, and that you will accept service of process from the person who provided notice under 17 U.S.C. 512 (c)(1)(C) or an agent of such person.
5. Your physical or electronic signature
Please send your counter-notification to us at the following address:
Twitter, Inc.
Attn: Copyright Agent, DMCA Counter-Notification
1355 Market Street, Suite 900
San Francisco, CA 94103
Or fax to: 415-222-9958
We will forward a copy of your counter-notification, including the information required in item 1 above, to the complainant and Chilling Effects. BY SENDING US A COUNTER-NOTIFICATION, YOU CONSENT TO THIS DISCLOSURE OF YOUR PERSONAL INFORMATION.
Alternatively, you can use Chilling Effects’ counter-notice form: https://www.chillingeffects.org/dmca/counter512.pd...
If we do not receive notice from the complainant, within 10 business days, that the complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Twitter, we will replace or cease disabling access to the material. More information about copyright, DMCA, and counter-notices may be found at: https://support.twitter.com/articles/15795
THIS RESPONSE IS NOT LEGAL ADVICE AND WE ARE NOT YOUR ATTORNEYS. We recommend you contact your own attorney about this matter.
Thank you,
Twitter Trust and Safety
== Copyright owner: Formula 1
== Name: Andrew Willatt
== Company: NetResult Solutions
== Job title: Account Executive
== Email address: andreww@nr-online.com
== Address: PO BOX 68506
== City: London
== State/Province: London
== Postal code: SW15 9DT
== Country: United Kingdom
== Phone (optional): n/a
== Fax (optional): n/a
== Reported Twitter account: @Formula1Dragon
Where is the image?: It's this user's avatar (profile picture)
== Reported material on Twitter: Avatar
== Description of original work: The F1 Logo
== Copyright holder?: n/a
== Description of infringement: The F1 Logo is being used without authorisation
---
== Reported Twitter account: @sp_FormulaOne
Where is the image?: It's this user's avatar (profile picture)
== Reported material on Twitter: Avatar
== Description of original work: The F1 Logo
== Copyright holder?: n/a
== Description of infringement: The F1 Logo is being used without authorisation
---
== Reported Twitter account: @followformula1
Where is the image?: It's this user's avatar (profile picture)
== Reported material on Twitter: Avatar
== Description of original work: The F1 Logo
== Copyright holder?: n/a
== Description of infringement: The F1 Logo is being used without authorisation
---
== Reported Twitter account: @ThePitStopKid
Where is the image?: It's this user's avatar (profile picture)
== Reported material on Twitter: Avatar
== Description of original work: The F1 Logo
== Copyright holder?: n/a
== Description of infringement: The F1 Logo is being used without authorisation
---
== Reported Twitter account: @deformula_1
Where is the image?: It's this user's avatar (profile picture)
== Reported material on Twitter: Avatar
== Description of original work: The F1 Logo
== Copyright holder?: n/a
== Description of infringement: The F1 Logo is being used without authorisation
---
== Reported Twitter account: @FordRsEurope
Where is the image?: It's this user's avatar (profile picture)
== Reported material on Twitter: Avatar
== Description of original work: The F1 Logo
== Copyright holder?: n/a
== Description of infringement: The F1 Logo is being used without authorisation
== 512(f) Acknowledgment: I understand that under 17 U.S.C. § 512(f), I may be liable for any damages, including costs and attorneys' fees, if I knowingly materially misrepresent that reported material or activity is infringing.
== Good Faith Belief: I have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
== Authority to Act: The information in this notification is accurate, and I state under penalty of perjury that I am authorized to act on behalf of the copyright owner.
== Signature: Andrew Willatt
System Reference: ref:00DA0000000K0A8.500G000000PerhS:ref
Hello,
The following material has been removed from your account in response to the DMCA takedown notice copied at the bottom of this email:
- Avatar
If you believe the material has been removed as a result of mistake or misidentification, you may send us a counter-notification of your objection pursuant to 17 U.S.C. § 512(g)(3).
Please include the following in your counter-notification:
1. Your full name, address, telephone number, e-mail address, and Twitter user name.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. The following statement: “I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, the Northern District of California, and that you will accept service of process from the person who provided notice under 17 U.S.C. 512 (c)(1)(C) or an agent of such person.
5. Your physical or electronic signature
Please send your counter-notification to us at the following address:
Twitter, Inc.
Attn: Copyright Agent, DMCA Counter-Notification
1355 Market Street, Suite 900
San Francisco, CA 94103
Or fax to: 415-222-9958
We will forward a copy of your counter-notification, including the information required in item 1 above, to the complainant and Chilling Effects. BY SENDING US A COUNTER-NOTIFICATION, YOU CONSENT TO THIS DISCLOSURE OF YOUR PERSONAL INFORMATION.
Alternatively, you can use Chilling Effects’ counter-notice form: https://www.chillingeffects.org/dmca/counter512.pd...
If we do not receive notice from the complainant, within 10 business days, that the complainant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Twitter, we will replace or cease disabling access to the material. More information about copyright, DMCA, and counter-notices may be found at: https://support.twitter.com/articles/15795
THIS RESPONSE IS NOT LEGAL ADVICE AND WE ARE NOT YOUR ATTORNEYS. We recommend you contact your own attorney about this matter.
Thank you,
Twitter Trust and Safety
- ****************************
== Copyright owner: Formula 1
== Name: Andrew Willatt
== Company: NetResult Solutions
== Job title: Account Executive
== Email address: andreww@nr-online.com
== Address: PO BOX 68506
== City: London
== State/Province: London
== Postal code: SW15 9DT
== Country: United Kingdom
== Phone (optional): n/a
== Fax (optional): n/a
== Reported Twitter account: @Formula1Dragon
Where is the image?: It's this user's avatar (profile picture)
== Reported material on Twitter: Avatar
== Description of original work: The F1 Logo
== Copyright holder?: n/a
== Description of infringement: The F1 Logo is being used without authorisation
---
== Reported Twitter account: @sp_FormulaOne
Where is the image?: It's this user's avatar (profile picture)
== Reported material on Twitter: Avatar
== Description of original work: The F1 Logo
== Copyright holder?: n/a
== Description of infringement: The F1 Logo is being used without authorisation
---
== Reported Twitter account: @followformula1
Where is the image?: It's this user's avatar (profile picture)
== Reported material on Twitter: Avatar
== Description of original work: The F1 Logo
== Copyright holder?: n/a
== Description of infringement: The F1 Logo is being used without authorisation
---
== Reported Twitter account: @ThePitStopKid
Where is the image?: It's this user's avatar (profile picture)
== Reported material on Twitter: Avatar
== Description of original work: The F1 Logo
== Copyright holder?: n/a
== Description of infringement: The F1 Logo is being used without authorisation
---
== Reported Twitter account: @deformula_1
Where is the image?: It's this user's avatar (profile picture)
== Reported material on Twitter: Avatar
== Description of original work: The F1 Logo
== Copyright holder?: n/a
== Description of infringement: The F1 Logo is being used without authorisation
---
== Reported Twitter account: @FordRsEurope
Where is the image?: It's this user's avatar (profile picture)
== Reported material on Twitter: Avatar
== Description of original work: The F1 Logo
== Copyright holder?: n/a
== Description of infringement: The F1 Logo is being used without authorisation
== 512(f) Acknowledgment: I understand that under 17 U.S.C. § 512(f), I may be liable for any damages, including costs and attorneys' fees, if I knowingly materially misrepresent that reported material or activity is infringing.
== Good Faith Belief: I have good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
== Authority to Act: The information in this notification is accurate, and I state under penalty of perjury that I am authorized to act on behalf of the copyright owner.
== Signature: Andrew Willatt
System Reference: ref:00DA0000000K0A8.500G000000PerhS:ref
speedking31 said:
Does he "believe the material has been removed as a result of mistake or misidentification"? If not then it is quite clear that he doesn't need to do anything except replace his avatar with his own material.
I doubt he believes it has been removed by mistake. I wonder if he did have a copyrighted logo as his avatar.Haven't spoken to him about it yet so should find out the details later.
Thanks.
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