On Monday night, I discovered an email in my Junk folder with the following information:
“Hello,
Google has been notified that the URL(s) listed below allegedly infringes upon the copyright of others, and violates applicable copyright laws in the relevant country/jurisdiction.
Impacted content: Contribution
Action as a consequence: Restriction of Access
Therefore we are in the process of executing the specified action for the impacted content on Google Blogger for users globally.
Affected URL(s):
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Details of the original claim are included below to help you better understand and respond to the claim against you.
Name of claimant: Eric Green
Rightsholder represented: Remove Your Media LLC
Description of claim: Copyrighted Japanese manga published by Viz Media LLC. Site are backlinking illegal scanlation sites. This is contributory infringement. Pursuant to 17 USC 512(c)(3)(A)(ii) the official website for 'Viz Licensed Manga' includes a commulative episode list at the below url:
https://infiniterainyday.blogspot.com/2015/01/this-shonenshoujo-series-has-how-many.html
Please note that automation was involved in the decision(s) specified above. Google uses a combination of manual review and automation in handling complaints. For more information on our use of automation, see g.co/legal under the ‘Automation’ section.
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What you can do next
Ask Google to reconsider this decision
If you disagree with our decision and want us to reconsider our position, you may submit an appeal (also known as a counter notice) by selecting the ‘Counter Notice’ option on our webform at g.co/legal. List the URLs you wish to appeal in your appeal form.
You may have the option to pursue your claims in court. If you have legal questions or wish to examine legal options that may be available to you, you may want to consult with your own legal counsel.
Need more help?
Read about the Google legal removal process in Legal Removal Requests in our Help Center.
(Routing ID: IBTN)
Regards,
The Google Team
For more information about our content removal process, see g.co/legal”
I initially thought this was a joke. But when I looked at my Blogger page, there was a notice that my post had been converted to a Draft. My heart began to palpitate. I’d heard of YouTube videos being flagged and demonetized, but never a blog. I also stopped using Photobucket years ago, as they started charging for usage, but why was I being challenged now? For a 10 year-old piece for a site I no longer write for? Sure, it exists for archival purposes, but it’s inactive. Did Eric Green have nothing better to do?
Anyway, I edited the Draft for Republish. Unfortunately, my boss had formatted the piece with specific tags I was unfamiliar with, so replacing images was a nightmare. Our family internet was simultaneously playing a game of “Now I work, now I don’t” for several days at this point, with my mom constantly unplugging and rebooting our modem. It’s amazing that I could satiate the copyright claims at all, even if the end-result looks like a hack-job.
Whatever, I got that out of the way. Yet a question lingered: what if this reoccurs? I refuse to re-upload my photos to Imgur and start fresh, as it’d not only take forever, but I’d tried that once and hit a snag 2/3 of the way through. It wasn’t worth the headache. But could I be flagged on another Post now?
I couldn’t message my boss privately and ask him to fix the situation. We haven’t been on speaking terms for years, and he’s gone into an online black hole. I was on my own to remedy the situation, a situation that shouldn’t exist because my content was protected under Fair Use. This DMCA claim, therefore, was unjustified, especially since Canadian copyright laws are different than American ones! Was Eric trying to scare me in compliance?
When I clicked on Blogger’s counter-notice page to file my request, I realized I’d probably need a legal representative to help out. I’m not well-versed in US Copyright Law, so I didn’t want to incriminate myself. But I also didn’t want to end up in court, so I had to be careful with my language. I asked my dad, a lawyer by trade, for suggestions, and he referred me to The Law Society of Ontario. I took his advice, found a lawyer specializing in copyright and made the call.
That was three night ago. I’m waiting for the lawyer to get back to me. It’s a risk, since there’s a chance I might be charged, but I don’t want a repeat of Monday night. I don’t make money writing my Blogs, and this feels like a unwarranted slap to the face. It also feels like I’m over-justifying myself here, spending energy better-exerted on something else.
Which brings me to my point, something I’m sure you were waiting for. The obvious lesson is to not use Photobucket if you don’t have to. They not only charge people, which they’re in the right to do, they have a way of punishing users retroactively with nonsense like this. It’s a hassle for people who can afford it. Why must I suffer?
Additionally, American copyright laws need to be overhauled. The DMCA exists for a reason, but it doesn’t factor in Fair Use online. Considering Fair Use doctrines include education, parody, or criticism for a greater audience, and my stuff falls into the third category, this should be a no-brainer. But it isn’t. Instead, small-time creators, who don’t have time, patience and money to battle these claims, are left at the mercy of bots and people who don’t have their best interests at heart. It’s disheartening.
Finally, more lawyers should familiarize themselves with copyright law. If not to specialize, then to be acquainted with key components. Copyright infringements, particularly DMCA claims, are scary, as they favour corporate interests. It’s easy to attack the little guy. It’s harder for the little guy to stand up to corporations.
I’m sorry for the delay. I’m hoping for a February release date, preferably mid-February, but in the meantime here’s my apology. It disappoints me more than you, as I don’t like breaking promises. In the interim, please be patient while I remedy this. I’m hoping to get legal advice soon, as I don’t want this repeated.