Legal:DMCA/Pappa Fourway

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From: <redacted>
To: "jrogers@wikimedia.org" <jrogers@wikimedia.org>, "abuse@wikimedia.org" <abuse@wikimedia.org>, "legal@wikimedia.org" <legal@wikimedia.org>
Date: Wed, Sep 2, 2015 at 6:55 AM
Subject: RE: DMCA Notice - commons.wikimedia.org - 27th Aug.2015
Content: File:Pappa Fourway.jpg

REMINDER - Image is still live on your server. Please be advised that the Digital Millennium Copyright Act requires you, as a service provider, to "expeditiously remove or disable access to" the infringing content upon receipt of any DMCA notice. Non-compliance may result in a loss of immunity for liability under the DMCA. If you believe you have evidence of a valid license to display the image on your server please could you forward a copy of this to me immediately or please remove the image as per the rules of the DMCA. If any problems with removal or any reason for the delay in the removal of this image please could you reply to let me know ASAP. Yours Faithfully, Peter www.dmca-takedown.co.uk

From: <redacted>
To: dns-admin@wikimedia.org; abuse@wikimedia.org
cc: jrogers@wikimedia.org
Date: Thu, 27 Aug 2015 14:53:44 +0000
Subject: DMCA Notice - commons.wikimedia.org - 27th Aug.2015
Content: File:Pappa Fourway.jpg

27th Aug.2015 To Whom It May Concern, I am writing to you to avail myself of my rights under the Digital Millennium Copyright Act ("DMCA"). This letter is an Official Notice of Infringement as authorized in section 512© of the U.S. Copyright Law. I wish to report an instance of what I feel in good faith is an instance of Copyright Infringement. The infringing material appears on the Service for which you are the designated host. I believe in good faith that use of the aforementioned material is not authorized by the copyright owner, its agents, or the law. The material which I contend belongs to me, and appears on the Service is the following: · a b+w picture (.jpeg) of a horse with jockey taken in 1955 titled "Pappa_Fourway.jpg" Our own official website where the image can be officially licensed is below: http://www.segaspicturegallery.co.uk [WMF NOTE: http://www.segaspicturegallery.co.uk/pappa-fourway---horse-racing-photograph-262-02-135915-p.asp ] The infringing material appears at the following locations below: Appears on: https://commons.wikimedia.org/wiki/File:Pappa_Fourway.jpg SOURCE JPEG URL: https://upload.wikimedia.org/wikipedia/commons/2/29/Pappa_Fourway.jpg Copyright holders contact information is as follows: Gary Pollard <redacted> UK Please be advised that the law requires you, as a service provider, to "expeditiously remove or disable access to" the infringing content upon receipt of this notice. Non-compliance may result in a loss of immunity for liability under the DMCA. I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by me the copyright owner, his agent or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am authorized to act on behalf of the owner/s of an exclusive right that is allegedly infringed. Yours Sincerely, Peter Gittins (Legal agent acting on behalf of Gary Pollard) Tel:<redacted> <redacted> www.dmca-takedown.co.uk