Our policies for US and non-US copyright complaints
It is our policy to respond to notices alerting us of content which appears on Google Video and which is alleged to infringe copyright. This document describes two processes: one for infringement of a United States copyright, and one for infringement of a copyright outside the United States. Please select the appropriate process for your complaint and follow the instructions below.
What we do
Upon receipt of proper notice, we will remove or disable access to the video which is alleged to be infringing copyright.
We may also terminate the account of the user who has submitted that content, and we will terminate the accounts of repeat infringers.
What happens next
If we do remove or disable access to a video, we will, wherever possible, get in touch with the user who submitted it so that they are aware of the issue. We will pass them details of the notice (including contact information) so that they can take the matter up directly. Inside the United States, we will comply with the processes of the Digital Millennium Copyright Act (DMCA), discussed below.
On this page:
Infringement
Notification - copyright in the US |
To file a notice of infringement 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 may 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 the copyrighted work that you believe has been infringed upon. For example, "The copyrighted work at issue is the video that appears on http://www.legal.com/legal_page.html."
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
FOR VIDEO SEARCH, YOU MUST IDENTIFY EACH VIDEO THAT ALLEGEDLY CONTAINS INFRINGING MATERIAL. This requires you to specify (a) that you found the video on Video Search, (b) the title of the video, and (c) the URL of the playback page for that video (like this: http://video.google.com/videoplay?docid=3383042311441257769&q=google).
3. Provide information reasonably sufficient to permit Google to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit Google to notify the owner/administrator of the web page that allegedly contains infringing material (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."
6. 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."
7. Sign the paper.
8. Send the written communication to the following address:
Google, Inc.
Attn: Google Legal Support, Video DMCA Complaints
1600 Amphitheatre Parkway
Mountain View, CA 94043
or fax to:
(650) 963-3299, Attn: Google Video Support, DMCA
Complaints
Counter
Notification - copyright in the US |
The administrator of an affected site 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 will 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. A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
1. Identify the specific URLs of material that Google has removed or to which Google has disabled access.
2. Provide your 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 or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
4. Sign the paper.
5. Send the written communication to the following address:
Google, Inc.
Attn: Google Legal Support, Video DMCA Counter Notification
1600 Amphitheatre Parkway
Mountain View, CA 94043
or fax to:
(650) 963-3299, Attn: Google Legal Support, DMCA
Counter Notification
Infringement
Notification - copyright outside the US |
Make sure you know whether the content that you have seen on Google Video infringes your copyright. If you are not sure what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
Send us a notice with all of the following elements in it, using this format:
1. Include a statement telling us that you have found a video on Google Video which you believe infringes your copyright (for example, "I hereby confirm that I believe the video identified below infringes my copyright").
2. Tell us which country your copyright applies to.
3. Tell us the title of the video concerned and the full URL for its playback page (e.g. http://video.google.com/videoplay?docid=3383042311441257769&q=google).
4. Explain to us exactly what part or parts of that video infringe your copyright.
5. Identify the type (e.g. a film, a piece of music, a book, etc.). and details of (e.g. title, publisher, dates, etc.) the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
6. Let us have contact information so that we can get in touch with you (email address is preferred).
7. Let us have the contact information which we can pass on to the submitter of the video concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
8. Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law."
9. Include the following statement: "I swear, under penalty of perjury, that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings in respect of its use."
10. Sign the notice.
11. Send the notice, in writing, to the following address:
Google Ireland Limited
1st and 2nd Floor
Gordon House
Barrow Street
Dublin 4
Ireland
or you may fax it to: +353-1-633-5586
and in either case mark it clearly for the attention of "Legal Support, Google Video"
Responding to a notice - copyright outside the US |
If we've provided you with details of an infringement notice in relation to content which you have uploaded to Google Video, you should respond to the person or company who made the complaint to resolve the matter with them directly. We will have provided you with contact details for this purpose.
Many Google Services do not have account holders or subscribers. For
Services that do, Google will, in appropriate circumstances, terminate
repeat infringers. If you believe that an account holder or subscriber
is a repeat infringer, please follow the instructions above to contact
Google and provide information sufficient for us to verify that the
account holder or subscriber is a repeat infringer.
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