FitNakedGirls.com (the “Site”) respects the intellectual property rights of others and expects its users to do the same. FitNakedGirls.com has implemented a policy to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Send us a DMCA notice here : [email protected]
The notice must:
- identify the copyrighted work you claim was infringed (if the infringement involves many different works at a single online site, you can include a representative list rather than listing each one)
- identify the online site where the alleged infringement has occurred and identify specifically what material on the site you claim is infringing (include copies, if possible); if a link is involved, it must be identified
- give the name and contact information for the person signing the notice
- state that the information in the notice is accurate and that the complaining party “has a 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”
- state, under penalty of perjury, that the signer of the notice is authorized to act on behalf of the copyright owner of the material claimed to have been infringed, and
- be signed with either a physical or electronic signature.
Notice Must Be Justified and Must Consider Fair Use
To protect against the unjustified use of this provision, Congress provided Section 512(f), which permits Internet publishers to bring affirmative claims against copyright owners who knowingly and materially misrepresent that infringement has occurred.
- In a 2004 case, two ISPs successfully used this provision to fight back against a DMCA notice and takedown procedure instigated by Diebold over the republication of an email archive. The emails from Diebold engineers allegedly sounded an alarm over flaws in Diebold’s electronic voting machines. A court ruled that the republication of the emails was a fair use because there was no commercial harm and no diminishment of the value of the works. See Online Privacy Group v. Diebold, 72 USPQ 2d 1200 (N.D. Cal. 2004).
- In 2008, a district court ruled that prior to requesting a takedown notice, a copyright owner must consider the likelihood of a claim of fair use. In that case, Universal Music issued a takedown notice for a video of a child dancing to the song, “Let’s Go Crazy,” by Prince. The owner of the video claimed that because Universal didn’t consider the issue of fair use, Universal could have not had a “good faith belief” they were entitled to a takedown. Faced with this novel issue, a district court agreed that the failure to consider fair use when sending a DMCA notice could give rise to a claim of failing to act in good faith. See Lenz v. Universal Music Corp., 572 F. Supp. 2d 1150 (N.D. Cal. 2008).
You should not sent out DMCA takedown notices without careful consideration.