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Legal:DMCA/Harrie Smolders Vestrum

From Wikimedia Foundation Governance Wiki
From: <redacted>@takedown.pixsy.com
To: abusecomplaints@markmonitor.com
Date: February 12, 2020 at 16:18:00 UTC
Subject: Takedown Notice TDN54666
Content: File:Harrie Smolders Vestrum.jpg

abusecomplaints@markmonitor.com VIA ELECTRONIC MAIL Reference: TDN54666 Date: February 12th, 2020 Dear Sir or Madam; My name is Thomas Reiner. Your website is displaying, or a website that your company is hosting, is infringing on a copyright-protected image that I am the legal rights owner of. This image was copied onto your servers without my permission. The original image, titled 'DSC_8097', to which I own the exclusive copyrights, can be found at: https://pixel-vault.s3-accelerate.amazonaws.com/5c708dfddcb2bf00186c4f5d/58da6ecb-eca4-4a66-9f4d-6356b8f53bad.jpg The unauthorized and infringing copy is located at: https://www.wikidata.org/wiki/Q66819403 The image is hosted at: https://upload.wikimedia.org/wikipedia/commons/thumb/d/d0/Harrie_Smolders_Vestrum.jpg/1200px-Harrie_Smolders_Vestrum.jpg This email constitutes an official notification of the infringement and my legal request that you immediately remove or disable access to the infringing material, and ensure that the user refrains from any unauthorized use or sharing of my copyrighted materials in the future. Additionally, I request that the removed link state the following: "This content has been removed due to copyright infringement." If you are hosting the image for another party, I request that you immediately notify the infringer of this notice, inform them of their duty to remove the infringing material immediately, ensure the material is removed, and notify them to cease any further posting of infringing material to your server in the future. Under Section 512(c) of the Digital Millennium Copyright Act ("DMCA"), you are to expediently remove the infringing work upon receipt of this notice. The Online Copyright Infringement Liability Limitation Act may grant service providers immunity from liability so long as it investigates and corrects this copyright violation in a timely manner. Noncompliance may result in the loss of your statutory immunity for the infringement under the Act. Should your company fail to comply, in a timely manner, I will consider taking legal action. I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information provided in the notification is accurate to the best of my knowledge and belief. Nothing in this notification shall serve as a waiver of any rights or remedies, of myself, with respect to this alleged infringement, all of which are expressly reserved. I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please send me a prompt response indicating the actions that you have taken to resolve this matter, making sure to reference 'TDN54666' in your response. Regards, Thomas Reiner (by electronic signature) <redacted> <redacted>