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Legal:DMCA/Oldenburg counternotice

From Wikimedia Foundation Governance Wiki


To the Wikimedia Foundation legal department

Dear Sirs:

This is a counter-notice to the take-down notice you sent me at commons:User_talk:Smallbones#Notifying_you_of_an_image_removal_under_the_DMCA.

I believe the following information is required in the counter-notice: Name: -redacted- Address: -redacted- Telephone: -redacted-

The three photos, as identified by the take-down notice are:
11. 4008
Claes Oldenburg
Clothespin, 1976
Cor-Ten steel, steel, aluminum, cast resin; painted with polyurethane enamel
45 ft. x 12 ft. 3 in. x 4 ft. 6 in. (13.7 x 3.7 x 1.4 m)
Collection Centre Square Plaza, Fifteenth and Market streets, Philadelphia
Copyright 1976 Claes Oldenburg


22. 7137
Claes Oldenburg
Giant Three-Way Plug, Scale A 3/3, 1970
Cor-Ten steel and bronze
116 15/16 x 77 1/8 x 57 13/16 in. (297 x 196 x 147 cm)
Edition of 3
Collection Philadelphia Museum of Art, gift of David Pincus, 2010, in
honor of Anne d'Harnoncourt
Copyright 1970 Claes Oldenburg


I consent to the jurisdiction of the Federal District Court in the district where my address is located, and I will accept service of process from the person who complained about the content I posted.

I understand that the following statement is made under possible penalty of perjury: I, in good faith, believe that the material identified above was removed or disabled as a result of the mistake or misidentification of the material as being copyrighted. The material is clearly not copyrighted.


Counternotice Withdrawal

To Wikimedia legal department,

The Oldenburg representatives have sent me information that I previously requested. Though I am still evaluating the material, I have no interest currently in pursuing the publication on Wikimedia Commons of the photos effected by the recent DCMA take down notice. Therefore I am withdrawing my counter-notice. If you have any questions on this, please do not hesitate to ask.