DMCA Notification - Action Required

#1

I have issued the following DMCA notice, which has been ignored. The content remains online. I would be grateful if you would comply and remove the copyrighted material without further delay. Thank you.

DMCA COPYRIGHT INFRINGEMENT NOTICE

My name is Gavin Gough and I am the owner of Gavin Gough Photography (www.gavingough.com).

A website that your company hosts (according to WHOIS information) is infringing on at least one copyright owned by me.

My content was copied onto your servers without permission. The original content, to which I own the exclusive copyrights, can be found at:

The unauthorized and infringing copy can be found at:

This letter is official notification under Section 512© of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.

Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under international law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.

I am providing this notice in good faith and with the reasonable belief that my rights are being infringed.

Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.

Should you wish to discuss this with me please contact me directly.

Yours sincerely.

Gavin Gough

#2

Hello,

Could you sent to me the ID of the abuse you have opened ?

Thank you

Regards

Hedi Serradj
Trust and Safety Team

#3

Hello Hedi

Sure, I’d be happy to.

#269231
#269596
#269636
#269680

Can I point out that sending details to the third-party client does not meet the requirements of a DMCA Notice.

The notification presents a legal requirement for scaleway/online.net to remove the illegal material in a timely fashion. The responsibility lies with you to take the copyrighted material offline permanently, not with the user.

I would be grateful if you could take the necessary action. Thank you for your assistance.

Gavin Gough

#4

Whilst I’m here, I should point out that 100% of the material on that website is illegally copied.

I can only send a DMCA notification for my material and I’ll be glad when that’s taken down but I hope that you’ll take action to remove all the content on that site. It’s obviously not fair to the original creators of the material to see their work being illegally copied and distributed through your service.

Many thanks.

#5

Thank for your report, we are going to take a look about this, it will be solved in the next 24 hours.

Regards

Hedi Serradj
Trust and Safety Team

#6

Thank you, Hedi. I appreciate your help.