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Legal:DMCA/Jenkins Kamera-film

From Wikimedia Foundation Governance Wiki
From: redacted@pixsy.com
To: info-commons@wikimedia.org
Date: October 17, 2017 at 03:14:59 PDT
Subject: DMCA take down request
Content: File:Kamera-film3.jpg

From: <redacted> <redacted@pixsy.com> Date: Wed, Nov 15, 2017 at 2:15 AM Subject: Re: [Ticket#2017110310005437] DMCA take down request To: Wikimedia Legal <legal@wikimedia.org> Dear Mr. Rogers, Thank you for your response and taking the time to review the takedown request. Below is a link to the original publication: http://blog.arnojenkins.com/2012/01/19/eastman-kodak-files-for-bankruptcy/ Let me know if you require any additional information. <redacted> On Wed, Nov 15, 2017 at 12:52 AM, Wikimedia Legal <legal@wikimedia.org> wrote: Dear Mr. <redacted>, The Wikimedia Foundation has received this DMCA request. After review, we believe that it may be a good request, but are not able to make a final determination as your request does not provide a link to your original, merely to the image on Wikimedia Commons. The law requires identification of the original work, which can be done through various means such as a link to a website that you own or control with the original work or a PDF attachment showing the original with enough detail to identify the work. If you could provide such a link, we will be able to complete processing of this request. Sincerely, Jacob Rogers Legal Counsel Wikimedia Foundation NOTICE: This email message and all attachments transmitted with it are intended solely for the use of the addressees and may contain legally privileged, protected, or confidential information. If you have received this message in error, please notify the sender immediately by email reply and please delete this message from your computer and destroy any copies. You must not copy or disclose the contents of this message or any attachment to any other person. ---- Forwarded message from <redacted> <<redacted>@pixsy.com> --- From: <redacted> <<redacted>@pixsy.com> To: info-commons@wikimedia.org Subject: DMCA take down request Date: 03/11/2017 10:09:56 > My name is <redacted>, I work for Pixsy. A copyright licensing agency > representing Mr. Arno Jenkins. Your website is infringing on a > copyright-protected photograph owned by our client. > > The original photo, entitled "Rolls of Kodak Film", to which he owns the > exclusive copyrights, is located at: > https://commons.wikimedia.org/wiki/File:Kamera-film3.jpg > > It is hosted at: > https://upload.wikimedia.org/wikipedia/commons/2/22/Kamera-film3.jpg > > The image has our client's watermark on it but was posted by an unknown > party. > > This letter is an official notification under Section 512(c) of the Digital > Millennium Copyright Act ("DMCA"). I seek the removal of the infringing > material referenced above. > > Please take note as a service provider, the Digital Millennium Copyright > Act requires you, to remove or disable access to the infringing materials > upon receipt of this notice. > > The Online Copyright Infringement Liability Limitation Act grants service > providers such as your company immunity from liability so long as > investigate and rectify this copyright violation in a timely manner. Should > your company fail to do so, it may become liable for the infringement. > Please remove and disable all access to the aforementioned copyrighted work > immediately. > > 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. > > I swear, under penalty of perjury, that the information in the notification > is accurate and that our client is the copyright owner. > > Best regards, > *<redacted>* | Case Manager > > *US | P:* +1 323 <redacted> | *F:* +1 323 <redacted> | *A:* <redacted>, > Walnut, California 91789 > > *DE | P:* +49 30 <redacted> | *M:* +49 157 <redacted> | *A:* <redacted>, > Berlin 12047 > > *UK | P:* +44 20 <redacted> | *AU** | P:* +61 2 <redacted> > > *E:* <redacted>@pixsy.com <<redacted>@pixsy.com> | *W:* www.pixsy.com > <http://www.google.com/url?q=http%3A%2F%2Fwww.pixsy.com%2F&sa=D&sntz=1&usg=AFQjCNF4R4eCh7oFaGrdbHifRxOkNElyNg> > > -- > > ------------------------------ > PRIVATE AND CONFIDENTIAL. This e-mail, its contents and attachments are > private and confidential and is intended for the recipient only. Any > disclosure, copying or unauthorized use of such information is prohibited. > If you receive this message in error, please notify us immediately and > delete the original and any copies and attachments. The information > provided by Pixsy Inc. is general information only and does not constitute > legal or other professional advice.