DMCA claim by Kohei Horikoshi for My hero academia enamel pins

sender

Shueisha Inc.

[Private]

Chiyoda-Ku,
Tokyo,
1018050,
JP

Sent on October 12, 2018

recipient

Kickstarter, PBC

[Private]

Brooklyn,
NY,
11222,
US

Re: My hero academia enamel pins

Sent via: Unknown

Notice Type:: DMCA

Copyright claim #1

Kind of Work: Project

Description Copyright Description: ”My hero academia” is a manga published by Shueisha.
I own the copyright of ”My hero academia”.
https://www.shonenjump.com/j/rensai/myhero.html, Infringement Description: This project uses illustrations from ”My hero academia”.
I am not licensing this pin's project.
Original URLs:
Allegedly Infringing URLs:
1. https://www.kickstarter.com/projects/847854611/my-hero-academia-enamel-pins-0

Create DMCA Counter Notice

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 are monetary damages?

Monetary damages are a category of "Special damages." They are awards which compensate plaintiffs for monetary losses. These may be actual losses (real lost sales) or reasonably predictable losses.

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 misappropriation of copyrighted material?

One has misappropriated copyrighted material if he or she has acquired, disclosed, or used the material without the permission/license from the holder of the copyrighted material, where such activities were done through improper means or in breach of an obligation of confidentiality or non-use.

What are statutory damages?

A copyright owner can only sue for infringement on a work whose copyright was registered with the Copyright Office, and can get statutory damages and attorney's fees only if the copyright registration was filed before infringement or within three months of first publication. (17 U.S.C. 411 and 412) (17 U.S.C. 411 and 412)

A copyright owner may avoid proving actual damage by electing a statutory damage recovery of up to $30,000 or, where the court determines that the infringement occurred willfully, up to $150,000. The actual amount will be based upon what the court in its discretion considers just. (17 U.S.C. 504). (17 U.S.C. 504)

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.

Where can I find the text of the U.S. Copyright Act?

The federal Copyright Act may be found at http://www.loc.gov/copyright/title17/.

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 "first sale" doctrine?

First sale is a doctrine in copyright law saying the owner of a particular copy of a copyrighted work has the right to sell, lend, or transfer that copy. In other words, the copyright holder's rights over a physical copy of a work end with the "first sale." The doctrine is codified in the Copyright Act, 17 U.S.C. 109.

Am I free to copy the content from someone else's website verbatim?

No. While you are free to report the facts and ideas embodied in another person's article or web page, you shouldn't copy the entire page unless you can assert a fair use defense. Copyright does not protect facts or ideas, but it can protect the particular way someone has expressed them.

Does copyright protect facts?

No. Copyright protects only original expression, not discovered facts. Creative selection and arrangement of facts is protected, but you can take the basic facts and rearrange them without infringing copyright. Thus the publishers of a telephone book cannot sue an online phone book publisher for copyright infringement, even if it took the first publishers considerable effort to collect the listings.

Does the first sale doctrine mean I can re-sell computer software?

Many makers of computer software say that their software is licensed, not sold, because the user breaks a "shrinkwrap license" on the box or clicks through an end-user license agreement ("EULA") before using the software. The legal rights of the end user may then be limited by the licensing terms, provided that the end user has been contractually bound to those terms. EULAs may attempt to prohibit modification, reverse engineering, or resale. Courts are still working out the tensions between software licensing and copyright's first sale and fair use rights.

What is the difference between plagiarism and copyright infringement?

Many people confuse the two, but copyright infringement and plagiarism are different concepts. Plagiarism occurs when a dishonest writer, or some other person, copies another's words or ideas without attributing them to the true author. Black's Law Dictionary 1170 (7th ed.1999). With plagiarism, it does not matter whether the words are copyrighted .

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.

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DMCA claim by Kohei Horikoshi for My hero academia enamel pins

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DMCA claim by Kohei Horikoshi for My hero academia enamel pins

sender

Shueisha Inc.

recipient

Kickstarter, PBC

Re: My hero academia enamel pins

Copyright claim #1

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