Under the conditions of the Digital Millennium Copyright
Act you may
Submit a Take down Request
if you find an image on ALAFOTO.COM for which you are the
Author or copyright holder and you would like to remove your
works from ALAFOTO.COM website, and we will Endeavour to
investigate your request and take appropriate action.
you will take some action, let's examine several things. A
detailed study completed by U.C. Berkeley shows that
approximately 40% of notices are bogus. More specifically,
29% fail to meet the standards of the DMCA, which includes
not meeting all of the filing requirements noted below. The
other 10% meet the requirements, but are“clearly false”or
While there may be any number of reasons someone might
knowingly file a fake takedown notice, such as trying to
hurt a competitor, more often than not its a deliberate
disregard for the terms of fair use. This is common tactic
of content owners, whether it be individuals or companies,
who want clear the Internet of negative publicity OR just
want to destroy competitors' websites or/and their business.
We here on
Alafoto know what's DMCA and we know about false notices. We
know how looks properly filled complaint. Also we know that
under the terms of fair use, it is perfectly okay to use
snippets of copyrighted material for commentary,
criticism, news reporting, and even parody (like a funny
video remix). United States law offers no quantifiable
parameters for fair use. And all
uploaded on Alafoto website are being used for commentary,
criticism or news reporting, not for sale.
keep in mind that.
But if you're
really an owner or legal representative of works published
on Alafoto and would like these works to be removed from the
website, you should fill the Take down Request properly.
IMPROPERLY FILLED NOTICE WILL BE IGNORED.
several components required by the DMCA. Should any of these
components not be present, we're within our
rights to not act on it. In fact, we shouldn't act
on it, because it lacks all of the legally required
A Physical or
Electronic Signature from the Copyright Owner
authorized representative of the copyright owner. One or the
other must be present. More over, the filer must identify
themselves as such. Identification as the copyright owner or
authorized representative comes at the beginning: “I am the
exclusive rights holder,” or “I am the duly authorized
representative of the exclusive rights holder.”
the Infringed Copyrighted Work
of the takedown notice must tell specifically what work has
been infringed upon. This can be be in the form of a title
or a URL link pointing to a web location where the
copyrighted work is being lawfully displayed.
the Allegedly Infringing Material
takedown notice filer has identified what the infringed work
is. But what about the infringing work? That's the next
This is usually done by including a URL pointing to the
infringing material. Of course, as the online service
provider hosting that material, it should be a URL pointing
to a website page. Otherwise, it isn't our problem.
Reasonably Sufficient to Contact the Complaining Party
words, the takedown notice filer must provide a way to
must directly state that they have a "good faith belief"
that the material they're complaining about was not actually
authorized by the copyright owner, or agents of the
copyright owner: In a nutshell, the filer must state they're
being honest to the best of their knowledge.
A Statement of
Accuracy Under the Penalty of Perjury
includes the assertion that the filer is either the actual
copyright holder, or a representative of the copyright
holder. What this requirement does is force the filer to
agree to legal ramifications if the required information can
be proven to have been filed in bad faith.
Such ramifications open the filer up to federal prosecution
in the United States, not to mention possibly being sued by
the actual copyright holder, the person whom the notice was
filed against, and even by us, the service provider. In
"fake" takedown notices, this is the element that we
will most often find is missing. That makes sense. It would
be foolish for someone who is knowingly filing a fake
takedown notice to so blatantly open the door to legal
Here is the wording must be used in a notice:
Under the penalty of perjury in a United States court of
law, I certify that the information contained in this
notification is accurate, and that I am authorized to act on
behalf of the holder of the exclusive rights to the material
be effective, the notification of your claim of
copyright infringement should be written and should
include the following:
- A statement that you
are the owner of the exclusive right you claim has
been infringed, or a statement that you are
authorized to act on behalf of the owner of an
exclusive right that has allegedly been infringed.
- A statement, under
penalty of perjury, that the information in the
notification is accurate.
- Your signature. (The
signature may be electronic.)
- The identification
of the copyrighted work you claim has been
infringed. (If you claim that multiple copyrighted
works have been infringed you can submit one
notification with a list of the allegedly infringed
- Identification of
the material that you claim to be infringing and
information reasonably sufficient to permit
ALAFOTO.COM to locate the material.
reasonably sufficient to permit ALAFOTO.COM to
contact you, including your address, telephone
number, fax number and an electronic mail address.
You can provide contact information for the owner of
the exclusive right that you claim has been
infringed if you are not the owner, but rather
authorized to act on behalf of the owner.
A statement you have a
good-faith belief that use of the material in the
manner complained of is not authorized by the
copyright owner, its agent, or the law.
complaints in a timely
manner. Should you be the copyright holder of a
specific piece of content featured on this site
without your permission, ALAFOTO.COM will remove it
in a timely manner once notified.
properly filled Take down Request please use email address:
legal [at] alafoto.com
reminder: any fake, false or improperly filled notice will