Tuesday, December 22, 2009

NYC The Blog Recieves DMCA Notice From International Federation of the Phonographic Industry

This is an email I received from blogger yesterday evening, verbatim:
Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog is alleged to infringe upon the copyrights of others. As a result, we have reset the post(s) to "draft" status. (If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.) This means your post - and any images, links or other content - is not gone. You may edit the post to remove the offending content and republish, at which point the post in question will be visible to your readers again...
A bit of background: the DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. If you believe you have the rights to post the content at issue here, you can file a counter-claim. For more information on our DMCA policy, including how to file a counter-claim, please see http://www.google.com/dmca.html.

The notice that we received from the International Federation of the Phonographic Industry (IFPI) and the record companies it represents, with any personally identifying information removed, will be posted online by a service called Chilling Effects at http://www.chillingeffects.org. We do this in accordance with the Digital Millennium Copyright Act (DMCA). Please note that it may take Chilling Effects up to several weeks to post the notice online at the link provided.

The IFPI is a trade association that represents over 1,400 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings (the "IFPI Represented Companies").


The Blogger Team

Affected URLs:

You can still see the post in Google's cache.

I'm not sure exactly what piece of content they are referring to. It's clearly related to the Jay-Z mash-up. But the video, mp3, or both? I'm happy to take the video and mp3 down, but the video is hosted on YouTube, a Google property as is Blogger, who received the DMCA for the content I posted. The video is still up on YouTube here.

It's more likely that the mp3's included are what they would like taken down, but again, what about the video? And if all of it needs to come down, why wouldn't the YouTube user who posted the video get one as well? I'm assuming they haven't because the video is still up. Blogger automatically put my post back in draft when they got the DCMA.

I sent an email to Blogger looking for clarification. In the meantime, you'll have to enjoy the offending post in Google's cache.
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