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Legal/Infringement Notices/17 September 2010

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Julie,

I believe in good faith that the use of the material that I claim infringes my copyright is not authorized by law, or by the copyright owner or such owner's agent.

All of the information contained in my DMCA Notice is accurate, and under penalty of perjury, I am either the owner of, or a person authorized to act on behalf an owner of, the exclusive copyright right that is being infringed.

Please let me know if this is still not correct.

Thanks,

Emily

On Sep 17, 2010 10:33am, Julie Martin <jmartin@mozilla.com> wrote:
> Emily,

> Can you please use the words and language as identified below? I need certain things to be under good faith and others stated under penalty of perjury. You are welcome to cut and paste this language if necessary. Other explanations are not needed.

> A statement by you: (i) that you believe in good faith that the use of the material that you claim infringes your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) that all of the information contained in your DMCA Notice is accurate, and under penalty of perjury, that you are either the owner of, or a person authorized to act on behalf an owner of, the exclusive copyright right that is being infringed.

> ----- Original Message -----
> From: "Emily Heuerman" acheronianperfume@gmail.com>
> To: "Julie Martin" jmartin@mozilla.com>
> Sent: Thursday, September 16, 2010 5:47:29 PM
> Subject: Re: Emily Heuerman - Requesting DMCA
>
> Julie,
>
> I believe that the use of my artwork infringes my copyright because it was only available for personal use as a desktop background on a computer and NOT to be publicly displayed by any other person as their own. The person who turned my work into a persona posted that persona as their own work without contacting me to ask if they could do so. This violates not only the copyright on my work, but Mozilla's policy as well. Mozilla states that people making a persona are "never use artwork/logos/photography that you do not have the legal rights to use" (Mozilla).
>
> My work is protected by Deviantart.com's copyright law which defines copyright infringement:
>
> "What is Copyright Infringement?
>
> To simplify this question, copyright infringement occurs when you do certain things with a creative work which someone else produced without first getting the proper permission.
>
> Some examples of copyright infringement (this is only a partial listing) can include:
>
> • Placing a photograph or creative work online without proper permission.
>
> • Using a creative work commercially.
>
> • Adapting a creative work of one medium to another, such as making a book into a movie or a photograph into a painting.
>
> • Modifying or editing a creative work without proper permission." (Deviantart.com)
>
> The person who posted my work as a persona does not have the legal rights to use my artwork as I own the copyright to it and infringed on this copyright agreement in all of the following above areas by taking my work and adapting it into persona without contacting me first.
>
> All of the information contained in my DMCA notice is accurate. I am the owner of the copyright to my work that has been infringed upon.
>
> If you need more information, please let me know.
>
> Sincerely,
>
> Emily Heuerman
>
> On Thu, Sep 16, 2010 at 5:20 PM, Julie Martin jmartin@mozilla.com > wrote:
>
> Hi, Emily. Can you please provide: A statement by you: (i) that you believe in good faith that the use of the material that you claim infringes your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) that all of the information contained in your DMCA Notice is accurate, and under penalty of perjury, that you are either the owner of, or a person authorized to act on behalf an owner of, the exclusive copyright right that is being infringed.
>
> Julie
>
> ----- Original Message -----
>
> From: "Emily Heuerman" acheronianperfume@gmail.com >
> To: "Julie Martin" jmartin@mozilla.com >
> Sent: Thursday, September 16, 2010 4:46:35 PM
> Subject: Re: Emily Heuerman - Requesting DMCA
>
> Harvey Anderson or To Whom it May Concern,
>
> My name is Emily Heuerman and this morning (September 16, 2010), I noticed that my artwork is being used in a Firefox persona by the user " Sweetness0721 " without my consent. My piece of artwork that is being infringed is "Purple Twilight Rose Wallpaper". I have this piece posted on Deviantart for free download as a wallpaper, but is not intended to be used for anything other than a computer desktop wallpaper for personal use. On my Deviantart account, my full name is listed along with the copyright and date which my work was submitted (September 4, 2008). Here is the link to this particular piece of artwork in my gallery: http://silverperfume.deviantart.com/gallery/#/d1lr9em . I have checked all of my messages and notes and at no time did the person who has infringed upon my copyrighted artwork attempt to contact me for permission to use it. Attached is a compressed version of my artwork for your reference.
>
> While I took the photograph of the rose and designed the piece, I should also mention that the Photoshop brushes I used to create "Purple Twilight Rose Wallpaper" are copyright of another artist on Deviantart "redheadstock". She requests that anyone who uses her brushes provide her with credit for her work. I provided her with credit when I posted my work, but the person who has infringed on the copyright of my work ( Sweetness0721 ) has also infringed on the copyright of "redheadstock" by not crediting her for her work. Her Deviantart gallery is: http://redheadstock.deviantart.com/ . The link to her website is: http://www.obsidiandawn.com/ . Her Deviantart gallery and her website explain her terms and conditions of use. One of the brush sets that I used for this piece by redheadstock is "Foliage Swirls". Here is the link to this brush set on Deviantart: http://redheadstock.deviantart.com/gallery/#/d1bwfmz and here is the link to the brush set on her website: http://www.obsidiandawn.com/foliage-swirls-photoshop-gimp-brushes I have emailed her about this matter and she has given me permission to inform you about this. I can forward our email conversation if necessary.
>
> The username of the person who has posted my work as a persona without my permission is " Sweetness0721" . Here is the link to this person's designer gallery: http://www.getpersonas.com/en-US/gallery/Designer/Sweetness0721 The date this person posted the persona is: September 8, 2009 (one year and four days after I posted my artwork). Sweetness0721 has titled their persona "Twilight Rose". Here is the link to the persona infringing on my copyrighted work: http://www.getpersonas.com/en-US/persona/48500
>
> My contact information is:
>
> Name: Emily Heuerman
> Mailing Address: [street address removed]
> City: Big Bear Lake
> State: CA
> Zip: 92315
> Home Phone: [phone number removed]
> Cell Phone: [phone number removed]
> Email Address: e.heuerman@gmail.com
>
> I hereby state that I am the owner of the "Purple Twilight Rose Wallpaper" as proved in my Deviantart gallery and I hereby claim that all of the above information is correct.
>
> Attached is my scanned signature as both a jpg and a pdf as well as a compressed and sized down copy of my original piece of artwork "Purple Twilight Rose Wallpaper".
>
> As a side note, I called and left a message this morning (September 16, 2009) regarding this issue on Harvey Anderson's answering machine.
>
> Please contact me with the action that is being taken on my behalf.
>
> Thank you so much for your time,
>
> Emily Heuerman
>
> On Thu, Sep 16, 2010 at 4:42 PM, Julie Martin jmartin@mozilla.com > wrote:
>
> Hi, Emily.
>
> We would be happy to remove the image if you can provide us a proper DMCA request.
>
> All DMCA Notices should include the following:
>
> * A signature, electronic or physical, of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright right that is being infringed;
>
> * An identification of the copyrighted work or works that you claim have been infringed;
>
> * A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Mozilla to find and positively identify that content, including the URL where it is located;
>
> * Your name, address, telephone number, and email address where we can contact you; and
>
> * A statement by you: (i) that you believe in good faith that the use of the material that you claim infringes your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) that all of the information contained in your DMCA Notice is accurate, and under penalty of perjury, that you are either the owner of, or a person authorized to act on behalf an owner of, the exclusive copyright right that is being infringed.
>
> Please provide the information described above and we can proceed.
>
> Julie
>
> From: Emily Heuerman acheronianperfume@gmail.com >
> Date: September 16, 2010 4:02:07 PM PDT
> To: hja@mozilla.com
> Subject: Emily Heuerman - Requesting DMCA
>
> Harvey Anderson,
>
> Thank you so much for responding to me so quickly. I am sorry I missed your call. I contacted you earlier today regarding a copyright infringement issue. A user downloaded my artwork and without notifying me, used it as a persona. I wanted to assure you that, as a student majoring in Interactive Media and Web Design, I totally understand that this is in no way the fault of Mozilla, and do not blame you nor the company for this. I very much appreciate your willingness to deal with the situation and highly value your attention to customer service. You stated in your message that you would send me a "DMCA" form to fill out.
>
> My contact information is:
>
> Name: Emily Heuerman
> Mailing Address: [street address removed]
> City: Big Bear Lake
> State: CA
> Zip: 92315
> Home Phone: [phone number removed]
> Cell Phone: [phone number removed]
> Email Address: e.heuerman@gmail.com
>
> I have a couple of questions regarding this case. My work that was infringed upon was made using Photoshop brushes copyrighted by another artist. This artist states clearly that her brushes may be used if the artist credits her. I did this so I was not infringing on her copyright. That being said, the person who infringed upon the copyright of my work did not credit me, nor the other artist, which is an infringement on that artist's copyright agreement for free usage. I have contacted this artist regarding the issue at hand who gave me full permission to mention her when I sent the information regarding this circumstance. My question is, should I mention her involvement in this in the DMCA or should she fill out a separate form? My only other question is, would it even be necessary for me to mention her involvement, or will this be taken care of regardless of my mentioning her? She has asked me to let her know how this is to be handled.
>
> Thank you so much for your time,
>
> Emily Heuerman