Digital Millennium Copyright Act - Docs
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 Docs |
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 article on http://money.cnn.com/2006/07/09/news/companies/vioxx/index.htm?/cnn=yes")
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 (a) the Docs URL that
contains the allegedly infringing material (ex. http://docs.google.com/View.aspx?docid=ajdm8nm239az_5dhc8qv),
and (b) the SPECIFIC content of the Docs document that is the allegedly
infringing material. Please indicate whether the allegedly infringing
material is an image (i.e. photo URL) or content (i.e. exact text in
detail).
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, Docs 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 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 (ex. http://docs.google.com/View.aspx?docid=ajdm8nm239az_5dhc8qv).
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, Docs 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 Docs 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. |