As you know we cover a lot of shows over on our blog, and in covering those shows we request artwork from the show’s creators to aid in selling the show to our readers. I’m sure you won’t be surprised to learn that virtually everyone has a show logo and a one sheet at the ready.
Up until now I’ve operated under the assumption that everything that gets sent over to me is above board. Now I won’t name any names but I got this email today from my web host…
We received the attached notice of copyright infringement under the Digital Millennium Copyright Act (“DMCA”).
YOU MUST REMOVE THE ALLEGEDLY INFRINGING MATERIAL WITHIN 48 HOURS OF THIS EMAIL BEING SENT TO YOU, OR YOUR ACCOUNT AND ALL ASSOCIATED WEBSITES WILL BE DISABLED.
If you do not believe the material infringes the copyrighted work, please provide us with a counter notification containing the following information:
Your name, address, phone number, and physical or electronic signature;
Identification of the material claimed not to infringe the copyright(s) and enough information to locate it;
Your consent to the jurisdiction of U.S. District Court in the address provided above, or if you are located outside the United States, the jurisdiction of U.S. District Court for the District of Massachusetts and that you will accept service of process from the person who provided notification above; and
Include the following statement: “I swear, under penalty of perjury, that the information in this counter notification is accurate and I have a good faith belief that each identified material above should not be removed or disabled.”
Even if you send a counter notification, the material must still be removed within 48 hours of this message. If you do not remove the alleged infringing material, your website will be suspended and will remain suspended at least ten (10) days. If you provide the proper counter notification, we will reverse the suspension of your website within ten (10) to fourteen (14) business days provided we have not received notice the complainant has filed an action seeking a court order to maintain the suspension.
NOTE: You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact your own attorney. If you have any further questions, please feel free to contact us.
Please feel free to contact us again if we can be of further assistance.
Unauthorized Use of Mr. Reiffers Photograph
Dear Designated Agent:
Were contacting you in your capacity as a content host on behalf of Paul Reiffer, a professional photographer PIXSY represents as a licensing and copyright enforcement agent. We recently discovered that ***************** has been using his work, “********************” for commercial or editorial use online. PIXSY has reviewed the licensing history for this work and was unable to locate a license for **********************.
Keep in mind that use of images without a valid license on your website or any website you host is a violation of Title 17 U.S.C.S., the Copyright Act of 1976. This letter is official notification under Section 512© of the Digital Millennium Copyright Act (DMCA). PIXSY and our photographer seek the removal of the infringing material referenced above.
Please take the following action:
- Disable all access to the infringing material immediately. If a license for the work exists, please send us these details immediately.
For reference, Mr. Reiffer took the photo ********************* in Los Angeles, CA, on May 7, 2012. The photo was originally published online at this location:
The work appears at the following location:
So everyone please, if you are going to use a photo for your series logo or one sheet, please get permission from the photographer first. If you need a stock photo, buy the license for it. These things aren’t that expensive. You are going to be posting and sharing this image all over the internet, the last thing you want is for your marketing to be derailed by the threat of a lawsuit that could be easily avoided.