Topic: Someone is getting my recordings taken down.

[SeanceMascara]

Hey, so I've just received a handful of emails from mediafire about some of my recordings that I share using the site. Here's what they say:

The file Belle and Sebastian - 2011-03-10.rar identified by the key (m9qbyldw2fi4e4a) has been deleted for a violation of our Terms of Service or our Acceptable Use Policy.

If you feel this was in error after reviewing our Terms of Service, located at http://www.mediafire.com/terms_of_service.php, and our Acceptable Use Policy, located at http://www.mediafire.com/abuse_policy.php, please contact Support.

The specific reason for the removal was:
================================================================

DMCA TAKEDOWN NOTICE FOR GOTTHARD RECIPIENT INFORMATION Mediafire C/O Copyright Agent for Notice of Claims of Copyright Infringement Sent via email DMCA NOTICE OF COPYRIGHT INFRINGEMENTS Dear Mediafire, I, Patrick Walch, certify under penalty of perjury, that I am an agent authorized to act on behalf of 'Gotthard', owner of certain intellectual property rights. I have a good faith belief that the items or materials listed below are not authorized by law for use by the above named domain name owner or their agents and therefore infringes the copyright owner's rights. I hereby demand that you act expeditiously to remove or disable access to the material or items claimed to be infringing. CONTACT INFORMATION Nuclear Blast GmbH Patrick Walch Oeschstr. 40, 73072 Donzdorf, Germany Email: patrick@nuclearblast.de Phone: +49 7162 9280 695 ALLEGEDLY INFRINGING ITEMS OR MATERIALS The infringing items are the works of: Gotthard Infringing material that I demand be disabled or removed in consideration of the above: • http://www.mediafire.com/?4di23mbbybdxubr • http://www.mediafire.com/?iyyddd8w0od9ycl • http://www.mediafire.com/?4mcook32ruvb4vu • http://www.mediafire.com/?eby1p1hwspqhnnh • http://www.mediafire.com/?qvyaoahi1grak3w • http://www.mediafire.com/?eg3bfevt6fk6o6b • http://www.mediafire.com/?u6pm2f3217hk81u • http://www.mediafire.com/?ab5k4m87o2oa62j Location of ORIGINAL WORKS: http://www.mediafire.com/?4di23mbbybdxubr http://www.mediafire.com/?iyyddd8w0od9ycl http://www.mediafire.com/?4mcook32ruvb4vu http://www.mediafire.com/?eby1p1hwspqhnnh http://www.mediafire.com/?qvyaoahi1grak3w http://www.mediafire.com/?eg3bfevt6fk6o6b http://www.mediafire.com/?u6pm2f3217hk81u http://www.mediafire.com/?ab5k4m87o2oa62j Sincerely, Patrick Walch 25 May 2011

This is a post-only mailing. Replies to this message are not monitored or answered.

This seems weird. For one, the people who complained of copyright only got 3 of 4 of my Belle and Sebastian recordings taken down as well as 1 of 2 Fucked Up recordings. What can I do to prevent this? For one, I have never recorded this Gotthard band so I'm not sure why their 'agent' would even be doing this.

[flipp]

Did any members of Gotthard appear as guests on the shows you uploaded? Did any members of Gotthard write any of the songs performed on any of the recordings you uploaded? If the answer to both is "no" then I don't see how Patrick Walch has any right to demand their takedown. If mediafires servers, you, or any of the venues you recorded in are outside of the US, I don't see how the DCMA is applicable, much less enforcable.

Have you opened a support ticket with mediafire saying you dispute Patrick Walch's claims and asked them to clarify which files are in violation and why Patrick Walch thinks those individual files are in violation of the DCMA and why he thinks the DCMA is applicable to those files?

Note: I am not an attorney but I have used one for some copyright issues in the past. The latter probably has no bearing on this matter. In light of that I suggest you contact mediafire through their support page seeking clarification of PW's claims and stating that you are not in violation of the DCMA nor any copyrights of individuals/bands he represents and you want the files reinstated unless PW can supply proof that he is acting as the agent of the real copyright holders (song composers, performers etc.) to your recordings.

[SeanceMascara]

That's the thing. I'd never even heard of Gotthad before this email. And I'm certain that they didn't write any of the songs on the recordings. The shows were all recording in Australia so I'm sure it's of no relation to the DCMA. I will go ahead with a support ticket now through mediafire. Thanks for the good feedback.

[Teen Age Riot]

The very idea of Belle & Sebastian playing Gotthard songs or members of Gotthard sitting in with B&S is absolutely hilarious and absurd.
Maybe it's just a misunderstanding.
Best of luck!

[acidjack]

Especially odd as the band Fucked Up allows taping - I have taped them openly, with a stand, with permission direct from the band before.

B&S is another matter, taping-wise.  But still, there is no way a member of a Swiss rock band has the authority to do that unless he is their authorized agent (i.e., he is their lawyer or has power of attorney). 

It seems almost like it's a mass e-mail or something that got misdirected.  Because clearly the works are not works of Gotthard, whether they are infringing or not.

[Seth01]

That's the thing. I'd never even heard of Gotthad before this email. And I'm certain that they didn't write any of the songs on the recordings. The shows were all recording in Australia so I'm sure it's of no relation to the DCMA. I will go ahead with a support ticket now through mediafire. Thanks for the good feedback.

Just curious if mediafire every got back to you and how they handled this?

[SeanceMascara]

Yeah mediafire contacted me and said they're obliged to take down anything reported via the dcma and to just reupload the files. Seems like they don't really care but are just covering their asses.

[0vu]

Have you considered dropping Patrick Walch a polite email asking him to clarify what is the problem/exactly which tracks contravene his/his client's copright?

It might be that he's in posession of information not apparent to anyone here, or it might simply be a mistake, or that your files accidentally got caught up in some kind of mass emailing.

[rhinowing]

Have you considered dropping Patrick Walch a polite email asking him to clarify what is the problem/exactly which tracks contravene his/his client's copright?

It might be that he's in posession of information not apparent to anyone here, or it might simply be a mistake, or that your files accidentally got caught up in some kind of mass emailing.

he's most likely just going to tell you to fuck off and/or call the web sherrif on ya, especially since it's a drop site like mediafire that generally gets used to host copyrighted studio work

[acidjack]

Have you considered dropping Patrick Walch a polite email asking him to clarify what is the problem/exactly which tracks contravene his/his client's copright?

It might be that he's in posession of information not apparent to anyone here, or it might simply be a mistake, or that your files accidentally got caught up in some kind of mass emailing.

he's most likely just going to tell you to fuck off and/or call the web sherrif on ya, especially since it's a drop site like mediafire that generally gets used to host copyrighted studio work

I agree, but only to the extent that the recordings actually violated copyright (i.e., do Belle and Sebastian allow taping)?  If the bands do allow taping and these were permitted recordings, I see no problem with this approach.  When I've occasionally been challenged on this point for a sanctioned recording, I tend to be pretty aggressive in my response.  I don't like being called a criminal, and neither should anyone else who goes through proper channels (or at least, is recording bands they have a good faith belief allow taping).

[John Willett]

Have you considered dropping Patrick Walch a polite email asking him to clarify what is the problem/exactly which tracks contravene his/his client's copright?

It might be that he's in posession of information not apparent to anyone here, or it might simply be a mistake, or that your files accidentally got caught up in some kind of mass emailing.

he's most likely just going to tell you to fuck off and/or call the web sherrif on ya, especially since it's a drop site like mediafire that generally gets used to host copyrighted studio work

I agree, but only to the extent that the recordings actually violated copyright (i.e., do Belle and Sebastian allow taping)?  If the bands do allow taping and these were permitted recordings, I see no problem with this approach.  When I've occasionally been challenged on this point for a sanctioned recording, I tend to be pretty aggressive in my response.  I don't like being called a criminal, and neither should anyone else who goes through proper channels (or at least, is recording bands they have a good faith belief allow taping).

The group may have given permission to record, but they may not own the copyright.

The recording permission would be for personal use only.

The copyright in a song lies with the person who wrote it, not the person performing it (unless they are the same person, of course).

I would just ask the reason why (as has been said).

[Myco]

Who? 

You'd think that they'd want their recordings out there so that people other than their hardcore fans would know who they are. I've never heard of any of these bands.

[acidjack]

^^^ Both Belle and Sebastian and Fucked Up are pretty well known; both have won major Grammy-equivalent prizes in their respective countries (UK and Canada).

Of course, I wouldn't know half the bands who've won Grammys, so ....

The German hardcore band that is having the takedowns done, that's a new one to me.