Thread in question: http://www.fairfaxunderground.com/forum/read/40/532295/532295.html#msg-532295
New thread in question: http://www.fairfaxunderground.com/forum/read/40/599554.html,page=all
Image in question: http://www.fairfaxunderground.com/forum/file.php?40,file=30859,filename=Sunflower-Girl.jpg
Mirror of image: http://www.dusttoashes.net/All.php?show=256&page=1&details=0
Action taken: Removed the one specific image referenced. Left all others as it cannot be proven they were actually taken at the Burning Man Festival.
PDF of complaint (new, 7/2/11): Fairfaxunderground.com DCMA notice and C&D.pdf
My response to PDF DMCA complaint (new, 7/2/11): response-20110702-1045.txt
DMCA Complaint:
Date: June 16, 2011
Recipient Information
Carpathia Hosting, Inc.
21000 Atlantic Boulevard, Suite 500
Dulles, Virginia 20166
Email: abuse@carpathia.com
(703) 840=3900
Sender Information
Black Rock City, LLC
Attn: Andrea Grace, Communications
PO Box 884688
San Francisco, CA 94188
Email: andie@burningman.com
(415) 865-3800
Sent via E-Mail
DMCA Rules (http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281.ENR:)
Signature: Physical or Electronic signature of Authorized Person Delivery:
Mail, Fax or Email
To Whom It May Concern:
The following information is presented for the purposes of removing web
content that allegedly infringes on our copyright per the Digital Millennium
Copyright Act. We appreciate your enforcement of copyright law and support
of our rights in this matter.
Be aware that if you ignore this notice, you (as a Provider covered by the
Digital Millennium Copyright Act) forfeit the Act's immunity from monetary
damages, which range from $750 to $30,000 per work infringed and up to
$150,000 per work for willful infringement. Attorney's fees and costs can
also be recovered.
What you (the Provider) need to do now:
1) reply to the Complainant (Us) and /or the Authorized Agent thereof that
this notification has been received, within 24 hours.
2) send your customer written notification, along with a copy of this
notification, requesting removal of the infringing material and requiring
confirmation of the removal be sent to you (the Provider) within 24 hours;
3) disable access to the infringing material or the customer's account if
the customer fails to remove the infringing material and/or fails to inform
you (the Provider) of the removal within 24 hours of notification;
4) send the Complainant (Us) and /or the Authorized Agent thereof notice of
the customer's counter notification and your (the Provider) intent to
re-enable access to the material or the account within 14 days of your (the
Providers) receipt of any customer counter notification, assuming the
counter notification meets the requirements of the DMCA Act.
Identification of Infringed Material:
Photograph of copyrighted artwork.
Be aware that these are blatant and obvious examples and are not necessarily
a complete list of all alleged violations. We require that all alleged
copyright violations be removed from the website in question and the onus is
on the infringer to locate and remove all alleged copyright violations of
the complainant.s intellectual property.
Be further aware that simply making a few changes (such as changing a name
or rewording or reformatting some text) is not sufficient to remove the
rights of the complainant. The alleged offending materials (or website) must
be wholly removed.
Website: WWW.FAIRFAXUNDERGROUND.COM
Violation Description:
Burning Man is a private event. Entry to the event is limited to participants
that have purchased tickets through the Burning Man website or at limited resale
outlets. Each ticket specifies the terms and conditions of attending the event.
One of these terms and conditions limits the use of photographs taken at the
event, and bans any commercial use of photographs without prior permission. By
entering the event gate, a photographer agrees to these terms and conditions.
Terms and conditions of entry are a legally binding agreement.
As part of the same terms and conditions, participants appoint Burning Man as their
representative, acting on their behalf to protect their intellectual property
and privacy rights.
FAIRFAXUNDERGROUND.COM currently hosts photographic images taken at the Burning
Man event. We request this DMCA action as the legally appointed representatives
of the original photographer(s) copyrights.
The offending material may be found at:
http://www.fairfaxunderground.com/forum/read/40/532295/532295.html#msg-532295
http://www.fairfaxunderground.com/forum/file.php?40,file=30859,filename=Sunflower-Girl.jpg
However, the violations may not be limited to those pages. All offending material must be
removed in order to comply with this DMCA request, regardless of whether it is specifically
named in this request.
Copyright Owner Contact Information
Black Rock City, LLC
Attn: Andrea Grace, Communications
PO Box 884688
San Francisco, CA 94188
Email: andie@burningman.com
(415) 865-3800
Copyright Infringers WhoIs Information:
Registrant: Cary Weidemann
4031 University Drive #419
Fairfax, VA 22030
(703) 592-6498
Copyright Owners Statement:
I have a good faith belief that use of the copyrighted materials described
above on the allegedly infringing web pages is not authorized by the
copyright owner, its agent, or the law.
I swear, under penalty of perjury, that the information in the notification
is accurate and that I am the copyright owner or am authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Signed on this day, the 16th day of June, 2011,
Andrea Grace