Copyright & DMCA notice details

[Paddy11]

I create gift books and sell them through a online website (not owned by me). The website has informed me that they received a DMCA notification from a third party concerning a series of my books and the books have been removed according to DMCA take down notice laws. However, they didn't give me any details of the notice so I have requested these details but so far (a week) had no response.

My question is: Should I email the third party and ask for their DMCA notice details and how should I word the email to ensure I don't accidentally use language which could later be used against me?

I would really appreciate any help as I need the details to understand what I have supposedly infringed on.

 

[FlyingRon]

You should wait for the hosting site to provide the information.

What do you mean by "gift books?" and where do you get the content that is in them?
Which site are we talking about.

If you're not infringing, you can file a counternotice with the hosting site. However, depending on the site, you may still have issues.

 

[quincy]

I create gift books and sell them through a online website (not owned by me). The website has informed me that they received a DMCA notification from a third party concerning a series of my books and the books have been removed according to DMCA take down notice laws. However, they didn't give me any details of the notice so I have requested these details but so far (a week) had no response.

My question is: Should I email the third party and ask for their DMCA notice details and how should I word the email to ensure I don't accidentally use language which could later be used against me?

I would really appreciate any help as I need the details to understand what I have supposedly infringed on.

Where are you located, Paddy11? We need your state name if you are in the U.S. or the name of your country if you are not in the U.S.

The DMCA notice needs to have as a part of it an identification of the material said to be infringing. The ISP should have provided you with the information from the DMCA notice so that, if you do not believe you have infringed, you can file a counter-notice.

Apparently a copyright holder has provided to the ISP information that indicates your gift books infringe on their copyrights. If the books are illustrated, the illustrations should have been identified as infringing. If the text is infringing, that should have been indicated. If the books as a whole are said to be infringing (e.g., you copied the books in their entirety and are selling them as your own), the books will be identified as infringing.

Here are two links that help to explain the DMCA takedown notice procedure:
http://www.sfwa.org/2013/03/the-dmca-takedown-notice-demystified/
http://www.dmca.com/FAQ/What-is-a-DMCA-Takedown

 

[Paddy11]

Thanks

You should wait for the hosting site to provide the information.

What do you mean by "gift books?" and where do you get the content that is in them?
Which site are we talking about.

If you're not infringing, you can file a counternotice with the hosting site. However, depending on the site, you may still have issues.

The content in the books is my own - I created them from scratch from an idea I had. This is why I am puzzled because there are no other books the same. I am worried about providing too much information in case I have to take legal action and I don't want to compromise anything. I hope you understand.

The site is createspace...

 

[quincy]

The content in the books is my own - I created them from scratch from an idea I had. This is why I am puzzled because there are no other books the same. I am worried about providing too much information in case I have to take legal action and I don't want to compromise anything. I hope you understand.

The site is createspace...

What is the name of your state or, if not in the US, what is the name of your country?

If you are reluctant to divulge too much information on a public forum (and that is probably smart), you should have your books and the DMCA notice you received reviewed personally by an attorney in your area.

It is possible for you to file a counter-notice if the works you created, that were removed from their online location as a result of the DMCA takedown, are clearly not infringing. It is possible that you have a defense to claimed infringement (e.g., independent creation) that can support a counter-notice.

Please be aware, though, that if you file a counter-notice, the copyright holder's next action if the copyright holder decides to pursue the matter, will be to file an infringement suit against you. You do not want to file a counter-notice, in other words, unless you are confident your works have not infringed. Filing both false takedown notices and false counter-notices come with penalties.

Good luck.

 

[Paddy11]

Much appreciated

What is the name of your state or, if not in the US, what is the name of your country?

If you are reluctant to divulge too much information on a public forum (and that is probably smart), you should have your books and the DMCA notice you received reviewed personally by an attorney in your area.

It is possible for you to file a counter-notice if the works you created, that were removed from their online location as a result of the DMCA takedown, are clearly not infringing. It is possible that you have a defense to claimed infringement (e.g., independent creation) that can support a counter-notice.

Please be aware, though, that if you file a counter-notice, the copyright holder's next action if the copyright holder decides to pursue the matter, will be to file an infringement suit against you. You do not want to file a counter-notice, in other words, unless you are confident your works have not infringed. Filing both false takedown notices and false counter-notices come with penalties.

Good luck.

Thank you so much for your advice. I'm in the UK by the way.

I need the details of the DMCA in order to give an attorney evidence - it's so frustrating that I can't seem to get the details. I would have thought that the hosting company would have to pass them on by law but it appears not.

Thank you again for your help.

 

[quincy]

Thank you so much for your advice. I'm in the UK by the way.

I need the details of the DMCA in order to give an attorney evidence - it's so frustrating that I can't seem to get the details. I would have thought that the hosting company would have to pass them on by law but it appears not.

Thank you again for your help.

This site handles US law questions and legal concerns only but, because the DMCA takedown notice is part of the US Copyright Act, it appears your books appeared on a US-based site. You will need to seek help from a UK lawyer as the copyright laws in the UK vary in significant ways from the copyright laws in the US. If the copyright holder wants to take legal action against you, it will (probably) be in the UK under UK laws.

Good luck.