Legal:DMCA/Maggie Hallahan photos

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From Wikimedia Foundation Governance Wiki
From: <redacted>@mhpv.net, <redacted>@mhpv.net
To: legal@wikimedia.org
Date: February 26, 2021 at 22:08:00 PT
Subject: DMCA - Maggie Hallahan
Content: File:A woman and her daughter with an ITN in Senegal (12836468364).jpg File:6G9V0446 (12835829815).jpg File:President's Malaria Initiative IMG 1072 (12836346963).jpg File:MG 4908 (12835595173).jpg File:6G9V0308 (12835803325).jpg File:MG 6932 (12836080144).jpg File:ITN use demonstration in a school in Senegal (12836383154).jpg File:President's Malaria Initiative IMG 1061 (12836679494).jpg File:6G9V9970 (12836660584).jpg File:MG 7231 (12835564393).jpg File:6G9V3078 (12836000113).jpg File:A family beneath their ITN (15476302443).jpg File:A Senegalese girl stands beneath an ITN. (11737102185).jpg File:A health worker explains the importance of using an ITN to community members in Senegal (12836153553).jpg File:6G9V0608 (12836274524).jpg

Dear Ms. Davenport, I have completed my review of the documents, materials, and communications relevant to this matter. We first notified Wikimedia of the infringement of 15 of our copyrighted photographs on September 8, 2020 at 4:40pm Pacific time via email, providing Wikimedia with both red flag knowledge and actual knowledge of the infringing activity on Wikimedia's platform. Wikimedia could have (and should have) removed access to the infringing copies of our photographs on that date, but instead replied on September 9, 2020, refusing to take any action to remedy the infringements. By failing to expeditiously remove access to the 15 copyrighted photographs identified in our second takedown notice to Wikimedia delivered to Wikimedia on January 25, 2021 8:46 pm Pacific time Wikimedia forfeited safe harbor protection (if any) under DMCA § 512. By failing to expeditiously remove access to the 15 copyrighted photographs identified in our third takedown notice delivered to Wikimedia via process server on February 8th, 2021, Wikimedia reconfirmed it's forfeiture of safe harbor protection (if any) under DMCA § 512. By failing to expeditiously remove access to the copyrighted photograph identified in our fourth DMCA takedown notice delivered to Wikimedia's registered DMCA agent via email at legal@wikimedia.org on February 20th, 2021 at 3:43 PM Pacific time Wikimedia again reconfirmed it's forfeiture of safe harbor protection (if any) under DMCA § 512. Wikimedia is willfully infringing on our registered copyrights, and is also liable for contributory and vicarious infringement by third parties arising from viral distribution of illegal copies from Wikimedia's platform. We suffer additional damage each day that Wikimedia fails to remove access to our copyrighted works, despite Wikimedia's actual knowledge and red flag knowledge of the ongoing infringing activity on Wikimedia's platform. I have attached our fourth set of DMCA Takedown Notices for our 15 copyrighted photographs currently reproduced, distributed, and displayed on Wikimedia's platform without our authorization. Please see the attached zipped file, "MHPV Takedown Notices 1 - 15." We demand that Wikimedia remove all existing copies of the photographs identified in the attached takedown notices within 3 business days, without further discussion or delay. We further demand that Wikimedia cease and desist from further unauthorized reproduction of our copyrighted photographs. For your reference I have attached a copy of a complaint for copyright infringement that we filed against other defendants on February 23, 2021. As 1 image at issue in the complaint is the very same image unlawfully used by Wikimedia, you may find the complaint informative, in particular as to our copyright ownership and the topics of public domain and fair use. At your request I have also attached a copy of "Exhibit A" to our second DMCA takedown notice previously delivered to Wikimedia on January 25, 2021 at 8:46pm Pacific time via email. We must note here that exhibit A is our copyright registration, and that you are not entitled to request or require our copyright registration in order to complete a takedown. We intend to pursue all available remedies to protect and enforce our rights in the 15 copyrighted photographs exploited on Wikimedia. We urge you to act immediately on the attached takedown notices. Respectfully, Sophia <redacted> Manager, Copyright Licensing and Enforcement MHPV

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