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Legal:DMCA/Oldenburg counternotice

From Wikimedia Foundation Governance Wiki


Counternotice

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

commons:File:Clothespin_Philly_1.JPG
commons:File:Clothespin_Philly_2.JPG


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

commons:File:Oldenburg_3-way_plug_PMA.JPG

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.

Sincerely,
-redacted-

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.

Sincerely,
-redacted-