quote:

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Kit's Template Letter:

This is one of the template letters I use when someone has taken credit for a poem and altered it:  If you have a situation where it is a word for word copy, just omit the italicized phrasing:


quote:
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Subject: Copyright Infringement

It was brought to my attention that someone has posted a poem on your site which is based on one of my original poems. The posting of this particular poem has infringed on my copyright.  You can find the poem in question, by xxx their name xxx - entitled, "xxx title of poem xxx" at the following location:

Xxx link to their poem xxx

Although I have given my permission to a limited number of individuals to post this particular poem "with" inclusion of proper copyright notation, it is clear in this situation, that another person has attempted to alter the basic premise of the poem and take credit for this literary work. Although many changes are evident, once you pass the first stanza on their piece, I think you will find the core product and multiple phrases to be derived from my original work.  

I do request therefore that within 48 hours, you remove this poem from your site. For your reference, you can find my original work posted at the following under the title "xxx title of your poem xxx":

Xxx link to your poem at Passions site xxx

Please contact me if you require additional detail for authentication of this work, such as those noted in the Digital Millennium Copyright Act ("DMCA") which provides certain procedures to ensure that infringing materials are removed without wrongfully injuring the subscriber or unduly burdening the provider.

I appreciate your prompt response in this matter, and request that you e-mail me at the following address within 48 hours noting that this matter has been appropriately finalized.

Xxx your e-mail address xxx

Thank you for your anticipated understanding in the regard.

Author xxx your name xxx;
Xxx your Passions' page url xxx

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If they do not comply:

I've had a few times when I didn't receive a response or action within a designated timeframe using a similar letter to the above, and the poems were still up on the net (always make sure your screen is refreshed just in case you're looking at a cached image though).

In those cases, I have forwarded the note to the same person again, adding:


quote:
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Subject: Copyright Infringement

Attached is an e-mail I sent to you 2 days ago regarding an issue of copyright infringement, and although I requested a response as to the action you would take to remedy this situation, I have received no response from you as yet. Although I would prefer not to, if I do not hear from you within 24 hours, I will forward a copy of this e-mail to your service provider (xxx), requesting their assistance to correct this issue.
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If they still do not comply OR if you can't find an e-mail address to the poster:

You'll need to be able to identify the service provider of their site, see if they have a specific e-mail address that would best suit this type of problem, and if you don't receive a response in 24 hours from the first person in question, forward a copy of your e-mail, with a cover note to the service provider (and cc the first person).  Here is a copy of a note I have used to the service provider:


quote:
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Subject: Copyright Infringement

I would appreciate your assistance in a matter of copyright infringement by one of your members, and have provided additional information to assist you in your review.

My original work has been posted by your member at the following location, and I would appreciate deletion of this page as the member has inappropriately taken credit for authorship:

Xxx link to url of their post xxx

For your reference, my original post can be found at:

Xxx url of Passion's posting (that's usually where someone has found it)

I am familiar with the Digital Millennium Copyright Act ("DMCA") which provides certain procedures to ensure that infringing materials are removed without wrongfully injuring the subscriber or unduly burdening the provider.

To assist you in your review, please note that I, xxx your full name xxx, state that as author of the poem in question, note that in good faith belief, that use the of the material in the manner complained of is not authorized by myself, my agent, or the law, and that the information in this notification is accurate, and under penalty of perjury. As author of the work in question, I am authorized to act on behalf of myself of an exclusive right as the infringed.

My signature is at the bottom of the scanned image attached. The attached image is a scan of my Copyright Certification from the CIPO (Canadian Intellectual Property Office) Registration No. xxxxx. I have blocked my address from viewing.

I look forward to notification from you finalizing this issue, and appreciate your attention in this regard.

Xxx your name xxx
Xxx your e-mail address xxx
Xxx link to your Passions member page xxx
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Some service providers require more detail:

The reason I came up with the blurb above, was due to a response I received from Lycos in one situation. I thought I'd copy it here, so you are aware of what some of the larger service providers ask of you before addressing the issue. (I also include a scanned copy of my copyright certificate, which I signed and blocked my address from.). The following is a letter I had received when I reached Lycos on an issue and didn't provide enough detail for them. If you don't have a copyright certificate, you could use the rest of the wording, and just eliminate that part, as it should hopefully be enough to convince them.


quote:
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From:  Lycos Abuse Team >
To:       Kit McCallum

Hello,

8/3/01

I am writing in response to your e-mail regarding content hosted through Lycos on one of our free homepage services.  You should understand that the content to which you have referred have has been stored on the Lycos system solely at the direction of a Lycos user and has not been initially reviewed, monitored, or edited by Lycos employees.  Lycos users bear sole responsibility for such material, and Lycos Inc. has no knowledge of the specific contents of member directories.

Lycos Inc. fully complies with all intellectual property laws.  In particular, when the owner of an exclusive right is concerned that this right is infringed by material placed on a provider's system or network by a subscriber of that provider the Digital Millennium Copyright Act ("DMCA") provides certain procedures to ensure that infringing materials are removed without wrongfully injuring the subscriber or unduly burdening the provider.  In such instances, the owner of an exclusive right should send to the provider a notification containing the following information:

1.  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is     allegedly infringed.  

2.  Precise identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3.  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material including exact URL's and references to specific files.

4.  Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, and electronic mail address at which the complaining party may be contacted.

5.  A statement that the complaining party has a good faith belief that use the of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6.  A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right is allegedly infringed.

You have not provided all of the information required above.  If you are able to provide the missing information, please submit an appropriate notification meeting all of the above requirements to Lycos Inc.'s registered agent for receiving such notifications:

Registered Copyright Agent
Lycos Inc.
Email Address:  [email protected]

Upon receipt of a proper notification, Lycos Inc. will respond expeditiously to remove or disable access to the materials properly identified in the notification.  Lycos Inc. will provide a copy of the notification to the subscriber and give the subscriber an opportunity to respond.

This letter is written without prejudice to any right, remedy, or defense that Lycos Inc. may have which has not been asserted in this letter.  All such rights, remedies, and defenses are expressly reserved. If you have any questions about this letter, please do not hesitate to contact Lycos Inc's registered agent.  For legal advice, you should consult an attorney.

Sincerely,
xxx

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