Rosen v. Global Net (C.D.C.A. June 20, 2014)
A cautionary tale. DMCA takedown notices are complete when they are sent to the designated agent, not when (or if) they are received. Global Net listed contact information for DMCA takedowns, and Barry Rosen emailed and faxed one for unauthorized posting of his photographs of a few celebrities (Amy Weber, Daisy Fuentes, and Gena Lee Nolin). Global Net never took down the photos, and Rosen sued.
Global Net claimed that they had no record of ever receiving the takedown request. Rosen could show that he had sent them, and that was good enough for Judge Gee. No DMCA safe harbor for Global Net.
The lesson: Check your mailbox, or you might be seen as an absentee landlord.
Brought to my attention by my friend Mark Jaffe’s excellent IP Twitter feed @MarkJKings
For another case about Barry Rosen defending his Gena Lee Nolin photographs, see Jake McGowan’s summary of Rosen v. Netfronts, CV 12-658 CAS (C.D. Cal. July 9, 2013) at the Technology & Marketing Law Blog.