DMCA (Copyright) Complaint to Vimeo

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DMCA (Copyright) Complaint to Vimeo

sender

株式会社エムオン・エンタテインメント

[Private]

,
,
,

Sent on August 20, 2018

recipient

Vimeo, Inc.

[Private]

New York,
NY,
10011,
US

submitter

Vimeo, LLC

Other Entities:

Submitter

Re: Unknown

Sent via: Unknown

Notice Type:: DMCA

Action taken:: Yes

Copyright claim #1

Kind of Work: Video

Description "a-nation 2017 D-LITE"
Original URLs:
Allegedly Infringing URLs:
1. https://vimeo.com/231751791

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Related FAQs

What is a valid copyright license?

A valid license is an agreement where the copyright owner retains his or her ownership of the rights involved, but allows a third party to exercise some or all of those rights without fear of a copyright infringement suit. A license is preferred over an assignment of rights where the copyright holder wishes to maintain some ownership over the rights, or wishes to exercise continuing control over how the third party uses the copyright holder's rights.

what is criminal prosecution?

A criminal prosecution is a legal action brought by the state against an individual or group of individuals for violating state criminal laws.

What are screenshots, and is using them copyright infringement?

Screen shots or screen dumps are still images taken from computer programs. Screen shots are often used in training materials to explain how to use a computer program. Screen shots are protected by copyright law if the original work is protected. This is due to the fact that screenshots are viewed as derivative works.

The US Copyright Act of 1976, Section 101, says:

A "derivative work" is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work."

What is the World Intellectual Property Organization

The World Intellectual Property Organization (WIPO) is one of the specialized agencies of the United Nations. WIPO was created in 1967 with the stated purpose of encouraging creative activity and promoting the protection of intellectual property throughout the world.

What constitutes copyright infringement?

Subject to certain %22>defenses</a>,%20it%20is%20copyright%20infringement%20for%20someone%20other%20than%20the%20author%20to%20do%20the%20following%20without%20the%20author's%20permission:%20<br>%0A1.%20reproduce%20(copy)%20the%20work;<br>%0A2.%20create%20a%20new%20work%20derived%20from%20the%20original%20work%20(for%20example,%20by%20translating%20the%20work%20into%20a%20new%20language,%20by%20copying%20and%20distorting%20the%20image,%20or%20by%20transferring%20the%20work%20into%20a%20new%20medium%20of%20expression);<br>%0A3.%20sell%20or%20give%20away%20the%20work,%20or%20a%20copy%20of%20the%20work,%20for%20the%20first%20time%20(but%20once%20the%20author%20has%20done%20so,%20the%20right%20to%20sell%20or%20give%20away%20the%20item%20is%20transferred%20to%20the%20new%20owner.%20This%20is%20known%20as%20the%20%22first%20sale%22%20doctrine:%20once%20a%20copyright%20owner%20has%20sold%20or%20given%20away%20the%20work%20or%20a%20copy%20of%20it,%20the%20recipient%20or%20purchaser%20may%20do%20as%20she%20pleases%20with%20what%20she%20posesses.)%2017%20U.S.C.%20?109(a);<br>%0A4.%20perform%20or%20display%20the%20work%20in%20public%20without%20permission%20from%20the%20copyright%20owner.%20<a%20HREF=" http:>17 U.S.C. ?106. It is also copyright infringement to violate the "moral rights" of an author as defined by 17 U.S.C. 106A. Moral rights are discussed here.

What is criminal copyright infringement?

As defined by 15 USC section 506, criminal copyright infringement occurs if a person willfully infringes upon a copyright and it was done under any of the following circumstances: 1) for commercial advantage or private financial gain; 2) where the copies have a retail value of at least $1,000 and were made within a 180-day period; or 3) by distributing copyrighted work where the infringer knew or should have known the work was intended for public distribution. If found guilty, the infringer can be imprisoned for up to 10 years, depending on the type of infringement

What is "proprietary" material?

"Proprietary" indicates that a party, or proprietor, exercises private ownership, control or use over an item of property, usually to the exclusion of other parties.

Where a party, holds or claims proprietary interests in relation to certain types of property (eg. a creative literary work, or software), that property may also be the subject of intellectual property law (eg. copyright or patents).

What defenses are there to copyright infringement?

The primary defense to copyright infringement is "fair use." 17
U.S.C.

How does a Creative Commons license help?

Creative Commons licenses provide a standard way for authors to declare their works "some rights reserved" (instead of "all rights"). If the source you're quoting has a Creative Commons license or public domain dedication, you may have extra rights to use the content. Licenses don't trump fair use, but if you want to do more than fair use allows, look at the terms of the license to see what it permits and what, if anything, it requires you to do in return. The attribution license, for example, lets you copy, distribute, and display a work so long as you name the original author. Share-alike lets you make derivative works so long as you use the same license for your re-mix. A work in the public domain is no longer under copyright, so you can use as much as you want in any way you like.

What is criminal copyright infringement?

As defined by 15 USC section 506, criminal copyright infringement occurs if a person willfully infringes upon a copyright and it was done under any of the following circumstances: 1) for commercial advantage or private financial gain; 2) where the copies have a retail value of at least $1,000 and were made within a 180-day period; or 3) by distributing copyrighted work where the infringer knew or should have known the work was intended for public distribution. If found guilty, the infringer can be imprisoned for up to 10 years, depending on the type of infringement

What is copyright infringement? Are there any defenses?

Infringement occurs whenever someone who is not the copyright holder (or a licensee of the copyright holder) exercises one of the exclusive rights listed above.

The most common defense to an infringement claim is "fair use," a doctrine that allows people to use copyrighted material without permission in certain situations, such as quotations in a book review. To evaluate fair use of copyrighted material, the courts consider four factors:

the purpose and character of the use

the nature of the copyrighted work

the amount and substantiality of copying, and

the market effect.

(17 U.S.C. 107)

The most significant factor in this analysis is the fourth, effect on the market. If a copier's use supplants demand for the original work, then it will be very difficult for him or her to claim fair use. On the other hand, if the use does not compete with the original, for example because it is a parody, criticism, or news report, it is more likely to be permitted as "fair use."

Trademarks are generally subject to fair use in two situations: First, advertisers and other speakers are allowed to use a competitor's trademark when referring to that competitor's product ("nominative use"). Second, the law protects "fair comment," for instance, in parody.

What is the Universal Copyright Convention (UCC)?

The Universal Copyright Convention (UCC), adopted at Geneva in 1952, is one of the two principal international conventions protecting copyright; the other is the Berne Convention.

The UCC was developed by United Nations Educational, Scientific and Cultural Organization as an alternative to the Berne Convention for those states which disagreed with aspects of the Berne Convention, but still wished to participate in some form of multilateral copyright protection.

What is "trade dress"?

Trade dress refers to characteristics of the visual appearance of a product or its packaging that signify the source of the product to consumers. The “look and feel” of a product or its packaging.

Does copyright protect techniques or methods?

No. Copyright protects only expression, not ideas. So while copyright might protect one author's description of a bookkeeping method, it does not prevent others from using the method or copying the forms needed to use it.

This "idea/expression dichotomy" is spelled out in part in the Copyright Act's Section 102(b):

"In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work."

What is an exclusive right in intellectual property?

Most governments recognize a bundle of exclusive rights in relation to works of authorship, inventions, and identifications of origin. These rights are sometimes spoken of under the umbrella term "intellectual property". An example is copyright, which grants a copyright holder a negative right to exclude others from exploiting his or her artistic or creative work. The position is generally similar with patents and trademarks. Exclusive rights arise from a grant of patent or registration of a trademark, while in other cases such rights may arise through use (eg. copyright or common-law trademark).

Holding an intellectual property right generally means that the rights holder can maintain certain controls in relation to the subject matter in which the IP right subsists. For example, a person who buys a copy of a computer program which is subject to copyright may use the software for personal use, but will probably be prohibited from creating or distributing copies of that software, subject to certain exceptions such as fair use or fair dealing, which vary widely from jurisdiction to jurisdiction.

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