Digital Millennium Copyright Act - Lively by Google
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). You can see an example of such a publication at http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861.
For the fastest and most efficient method by which to submit a Lively DMCA infringement complaint, please log directly into your Lively account, click on the content in question, select “Report Abuse”, and choose “Copyright” within the type of abuse drop-down menu.
To file a notice of infringement with us via fax or regular mail (we do not accept emailed requests unless by prior agreement) you must provide a complete request 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 your original copyrighted work that you believe has been infringed upon and/or where we can locate it.
2. Identify in sufficient detail the location of the material that you claim is infringing on your copyright::
a. Room location (URL) of the allegedly infringing material;
b. Description of where the material appears in the room;
c. Location (URL) of infringing material in catalog.
To report clothing, furniture, or other objects, enter the URL of the object. URLs should preferably show the item as listed in the catalog. For example:
http://www.lively.com/catalog/details?mid=7286873059215705860&xc=10.
To find the catalog URL: (1) left-click on the item; (2) choose "View in Catalog”; and (3) copy and paste the catalog URL into the box above.
To report videos, music, or images displayed or played in an object, follow the steps above to identify the object. If you are reporting music playing in a room (and not in an object in a room), you do not need to enter an object URL.
3. Provide information reasonably sufficient to permit Google to contact you (email address is preferred).
4. 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."
5. 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."
6. Sign the paper.
7. Send the written communication to the following address:
Google, Inc.
Attn: Google Legal Support, Lively DMCA Complaints
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR fax to:
(650) 963-3255, Attn: Google Legal Support, Lively DMCA Complaints
Please note that a copy of each legal notice we receive is sent to a third-party which may publish and/or annotate it.
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.
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 full 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, Lively DMCA Counter Notification
1600 Amphitheatre Parkway
Mountain View, CA 94043
OR fax to:
(650) 963-3255, Attn: Google Legal Support, Lively DMCA Counter Notification
For any additional questions regarding the DMCA process for Lively please contact us at removals at google dot com or (650) 214 - 4053.
