Legal:DMCA/Hermann Herzog: Difference between revisions
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{{DMCA email |
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|attachment=DMCA Take-Down Notice - Wikimedia 040814 (1)(signed).pdf |
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<div class='mw-code' style='white-space: pre-wrap; word-wrap: break-word;'><nowiki> |
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---------- Forwarded message ---------- |
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|to=avoinigescu@wikimedia.org |
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|cc=<removed>, <removed>, sue@wikimedia.org |
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|message=<nowiki>Dear Mr. <removed>: |
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I am legal counsel for <removed>, who are the heirs of Herman Herzog (the “Artist”) and the owners of all subsisting copyrights in the Artist’s works of art (the “Works”). Your February 26, 2014 e-mail to Mr. Herzog was forwarded to me for a response. |
I am legal counsel for <removed>, who are the heirs of Herman Herzog (the “Artist”) and the owners of all subsisting copyrights in the Artist’s works of art (the “Works”). Your February 26, 2014 e-mail to Mr. Herzog was forwarded to me for a response. |
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{{DMCA email |
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|from=avoinigescu@wikimedia.org On Behalf Of Wikimedia Legal |
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|date=Wednesday, February 26, 2014 11:29 AM |
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|to=<removed> |
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|subject=Re: Unauthorized Reproduction, Display & Distribution of Copyrighted Paintings of Herman Herzog |
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Dear Mr. Herzog, |
|message=<nowiki>Dear Mr. Herzog, |
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Thank you for reaching out to us about this matter and for your patience. |
Thank you for reaching out to us about this matter and for your patience. |
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Legal Counsel |
Legal Counsel |
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Wikimedia Foundation |
Wikimedia Foundation |
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</nowiki> |
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On Wed, Jan 29, 2014 at 7:21 PM, <removed> wrote: |
On Wed, Jan 29, 2014 at 7:21 PM, <removed> wrote: |
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{{DMCA email |
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|date=Wed, Jan 29, 2014 at 7:21 PM |
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Tel.: (415) 839-6885 / Fax: (415) 882-0495 |
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E-mail: legal@wikimedia.org |
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|attachment=DMCA Take-Down Notice - Wikimedia 040814 (1)(signed).pdf |
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CC: <removed> |
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DATE: January 29, 2014 |
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Please see the attached letter, which was mailed to you today by certified mail, return receipt requested. |
Please see the attached letter, which was mailed to you today by certified mail, return receipt requested. |
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|year=2014}} |
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[[Category:DMCA 2014]] |
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Revision as of 21:08, 22 October 2016
From: | <removed> | ||||||||||||||||||||||||||||||
To: | avoinigescu@wikimedia.org | ||||||||||||||||||||||||||||||
cc: | <removed>, <removed>, sue@wikimedia.org | ||||||||||||||||||||||||||||||
Date: | Tue, Apr 8, 2014 at 7:14 AM | ||||||||||||||||||||||||||||||
Subject: | RE: DMCA Take-Down Notice: Notice of Infringement of Copyrights in Paintings of Herman Herzog, and Demand for Expeditious Removal or Disabling of Access | ||||||||||||||||||||||||||||||
Content: | |||||||||||||||||||||||||||||||
An attachment to the below has been uploaded as DMCA Take-Down Notice - Wikimedia 040814 (1)(signed).pdf. | |||||||||||||||||||||||||||||||
Dear Mr. <removed>: I am legal counsel for <removed>, who are the heirs of Herman Herzog (the “Artist”) and the owners of all subsisting copyrights in the Artist’s works of art (the “Works”). Your February 26, 2014 e-mail to Mr. Herzog was forwarded to me for a response. In light of the fact that you have taken the legal position that Wikimedia Foundation (“WF”) is an internet hosting provider entitled to the “safe harbor” protections of section 512 of the Copyright Act of 1976, 17 U.S.C. §§ 101, et seq. (the “Copyright Act”), and without conceding the correctness of your legal position, please be advised that I have sent a DMCA-compliant take-down notice to WF’s Designated Agent for the purpose of receiving such notices, Ms. Sue Gardner. A copy of that notice is attached here. As you will see, the notice applies to all of the Artist’s Works that are currently displayed on the Wikimedia website that my clients have determined were first published in the United States with valid copyright notices on dates falling between January 1, 1964 and December 31, 2002, and therefore still within their terms of copyright under the Copyright Act. Please be further advised that my clients are continuing to research the publication histories of all the rest of the Artist’s Works, and reserve the right to send Wikimedia additional DMCA take-down notices with respect to those other Works, if and when their research determines that those other Works were also first published in the United States with valid copyright notices on dates falling between January 1, 1964 and December 31, 2002. Finally, with respect to your request that my clients send you specific “evidence about each painting's first date of publication, location of initial publication, notice of copyright, and any applicable renewals”, I assume you are aware that sections 512 (c)(1) and 512 (c)(3)of the Copyright Act do not impose that burden on my clients, and instead require Wikimedia to expeditiously comply with my DMCA-compliant take-down notice regardless of whether they produce the requested evidence at this time. Should anyone file a counter-notification, and/or should this matter lead to litigation, then at the appropriate time my clients will produce all necessary supporting evidence that they have collected to date. Until then, however, I fully expect and demand that Wikimedia expeditiously honor my DMCA-compliant take-down notice without the need for the requested evidence, as required by sections 512 (c)(1) and 512 (c)(3)of the Copyright Act. All rights reserved. Sincerely, <removed>
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