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Copyright Infringement and Me - Illadore's House o Crack — LiveJournal

About Copyright Infringement and Me

Previous Entry Copyright Infringement and Me Nov. 3rd, 2010 @ 11:14 pm Next Entry
Date:November 4th, 2010 04:16 pm (UTC)

No DMCA claim

(I happen to be an IP attorney). The DMCA safe harbor only applies to copyright infringement by someone other than the site host (say, a commenter posting copyrighted material). The magazine itself posted copyrighted material - that's copyright infringement, and you don't need to worry about the "notice and takedown" provisions of the DMCA.

Where are you located? Wherever you are, there's probably a chapter of the Volunteer Lawyers for the Arts that could hook you up with a pro-bono attorney. Heck, if you're in NY, I could probably take this case on pro-bono once you go through the VLA (e-mail acohen@foley.com if you really are interested in pursuing it)
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Date:November 4th, 2010 06:53 pm (UTC)

RE: No DMCA claim [not correct]

The offending content is on the magazine's Facebook page. Facebook is the third party host. Facebook Help offers users a DMCA takedown process. And even if the recipes are also posted on the magazine's own website, their website is hosted by a separate ISP, Intuit Small Businesses - which will quite likely also respond to a DMCA takedown claim.

Easy to use in order to get the content removed from the internet and, as far as it goes, no lawyer is necessary. Not to say a lawyer couldn't do more, but unless the copyright in the work at issue was registered, the damages will be minimal.
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Date:November 5th, 2010 01:10 am (UTC)

Re: No DMCA claim [not correct]

Ah - I was referring to the magazine itself. Yes, a DMCA notice to Facebook would work.
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