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Infringement Notice from ifpi.org

Discussion in 'Legal Issues' started by komalselva, Sep 11, 2011.

  1. #1
    Today I received the following Infringement Notice from ifpi.org


    Re:

    http://www.mydomain.com/oye-lucky-lucky-oye-html

    Dear Sir/Madam,



    I am contacting you on behalf of the International Federation of the Phonographic Industry (IFPI) and the record companies it represents. The IFPI is a trade association that represents over 1,400 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings (the "IFPI Represented Companies").



    Under penalty of perjury, we submit that we are authorized to act on behalf of the IFPI Represented Companies in matters involving the infringement of their sound recordings, including enforcing their copyrights and common law rights on the Internet.



    We have learned that your service is hosting the above web pages on your network. These web pages are offering direct links to files for other users to download containing sound recordings by VARIOUS ARTISTS . The copyright in these sound recordings is owned or exclusively controlled by certain IFPI Represented Companies.



    We have a good faith belief that the above-described activity is not authorized by the copyright owner, its agent, or the law. We assert that the information in this notification is accurate, based upon the data available to us.



    We are asking for your immediate assistance in stopping this unauthorized activity. Specifically, we request that you remove the infringing links from your system or that you disable access to the infringing links, and that you inform the site operator(s) of the illegality of his or her conduct.



    Our top priority is to prevent the continued availability of the IFPI Represented Companies' content on the internet. Unauthorized copies of sound recordings that are freely available, especially pre-release recordings, cause substantial damage to the IFPI Represented Companies every hour and day they remain available. In sending this notice we are seeking to ensure that infringing content is removed from the internet as quickly as possible through your cooperation. However, please note that we do not admit that we or the IFPI Represented Companies are responsible for detecting infringing material and notifying you of it.



    Our use of a notice in this form, as required by you, is meant to facilitate your removal of the infringing material listed above and we neither admit nor accept that you are a 'service provider' for the purposes of the DMCA or that it is necessary to serve, or that you are entitled to be served, a notice in compliance with the DMCA. IFPI itself and on behalf of the IFPI Represented Companies expressly reserves all rights in this regard.



    In addition, this notice does not constitute a waiver of any right to recover damages incurred by virtue of any unauthorised activities described in this notice, and such rights as well as claims for other relief are hereby expressly reserved.



    You may contact me at IFPI Secretariat, 10 Piccadilly, London W1J 0DD, United Kingdom or email , to discuss this notice.



    We await your response.



    Yours faithfully









    Jeremy Banks

    Director, Internet Anti-Piracy

    IFPI

    10 Piccadilly

    London

    W1J 0DD

    United Kingdom

    Email:
    SEMrush
    XXEditedXXsongs.com is my domain but I don’t host any mp3 songs in my server. Iam just giving xml playlist to the flash player.
    For ex.
    For http://www.mydomain.com/oye-lucky-lucky-oye-html
    Iam using mp3s hosted on http://downloadming.com/oye-lucky-lucky-oye-2008-mp3-songs

    I don’t know downloadming is having copyright for these files or not, but they are offering these files to download for free

    My site is not giving direct link to download these files, visitors can only listen these songs.

    What should I do now?


    Regards,
    Komal
     
    Last edited: Sep 11, 2011
    komalselva, Sep 11, 2011 IP
    SEMrush
  2. williamsweb

    williamsweb Active Member

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    #2
    you can reply them the issue
     
    williamsweb, Sep 11, 2011 IP
  3. Slincon

    Slincon Well-Known Member

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    #3
    You have to remove them - playing the songs is the same as offering it for download. Either way it gets downloaded on to the users computer for them to listen. So you're SOL.
     
    Slincon, Sep 11, 2011 IP
  4. komalselva

    komalselva Peon

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    #4
    komalselva, Sep 11, 2011 IP
  5. williamsweb

    williamsweb Active Member

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    #5
    in.com have rights man - they are legal
     
    williamsweb, Sep 11, 2011 IP
  6. komalselva

    komalselva Peon

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    #6
    Can anybody explain the following points in Indian Copyright law:

    Fair dealing

    A fair dealing with a literary, dramatic, musical or artistic work (not being a computer programme) for the purposes of

    1.for the purpose of research or private study,
    2.for criticism or review,
    3.for reporting current events,
    4.in connection with judicial proceeding,
    5.performance by an amateur club or society if the performance is given to a non-paying audience, and .
    6.the making of sound recordings of literary, dramatic or musical works under certain conditions.

    I think points 2,3,5 maybe in my favor.

    Source -- http://en.wikipedia.org/wiki/Copyright_law_of_India
     
    komalselva, Sep 11, 2011 IP
  7. browntwn

    browntwn Illustrious Member

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    #7
    1. Edit your own domain out of this thread. That is a huge mistake to post in while in the midst of this issue.

    2. It would not appear that that have any legitimate fair use rights, in spite of your efforts to frame it that way. The idea behind that is when groups use materials for legitimate learning in school.

    Having been able to see your domain name I can see that you have the copyrighted music surrounded by paid advertisements and you are profiting. This is a textbook case of infringement.
     
    browntwn, Sep 11, 2011 IP
  8. Rukbat

    Rukbat Well-Known Member

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    #8
    "Fair use" basically translates to "whatever a judge decides". And, in most cases, a fair use claim is rejected. (I say most cases, since probably 99% of such claims are bogus - they amount to "I'm violating copyright, but I think that by claiming 'fair use', I can get away with it".) Posting links for others to use to listen to copyrighted content is never fair use.
     
    Rukbat, Sep 11, 2011 IP
  9. browntwn

    browntwn Illustrious Member

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    #9
    I know the OP asked about Indian law, but in US law there are set rules and established case law about what constitutes fair use. It is not just something a judge gets to decide and can ignore the established rules.

    Posting links to copyrighted music most certainly could fall within fair use - the notion is can never be fair use is just incorrect and has no basis in the law.
     
    browntwn, Sep 13, 2011 IP
  10. olddocks

    olddocks Notable Member

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    #10
    olddocks, Sep 13, 2011 IP
  11. radika90

    radika90 Peon

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    #11
    Why This Kolaveri Di Song Free Download
     
    radika90, Jan 6, 2012 IP
  12. Pico23

    Pico23 Peon

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    #12
    Take it down mate, before they take you down.
     
    Pico23, Jan 8, 2012 IP
  13. bsie

    bsie Greenhorn

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    #13
    Take them down and pray they do not contact you again. If they do, consult a lawyer before any response. Do not correspond in any way without legal advice.
     
    bsie, Jan 8, 2012 IP
  14. varaprasad4

    varaprasad4 Greenhorn

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    #14
    Streaming videos from youtube, Is it legal?

    I found on Raaga.com and on
    Telugu Songs Free
     
    varaprasad4, Jan 25, 2012 IP
  15. masm50

    masm50 Well-Known Member

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    #15
    Music copyright is divided between numerous agencies for different parts of copyright - there are broadcast rights, streaming rights, download rights, public playing rights, etc.
    If you are offering streaming of songs from your site without permission then you will be breaching copyright - not the same copyright as the site hosting the file for download, but copyright nonetheless.

    The IFPI have asked you nicely to remove the track - do so.

    Some of the videos on Youtube are legal, and some are not. The majority of official music videos on Youtube are on the Vevo platform and are 100% legal - and Google has algorithms to try to stop unlicensed music and video being uploaded. If you have't uploaded the video to Youtube, then there is little trouble you getting into trouble in embedding the video as Google will remove the video if they find it to be infringing. If you know the video is infringing, then that is different of course.
     
    masm50, Feb 2, 2012 IP