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Posted by Kirsten Korona


Banner by Erin of a spotlight on an OTW logo with the words 'Spotlight on Legal Issues'

Recently, there have been concerns about accounts being terminated on Tumblr if a user has made audio posts that allegedly infringe on existing copyright. The OTW is concerned by reports of this practice being applied to users who have made posts which fall under Fair Use. Read on for an explanation of the situation and instructions on what you can do if you feel your account has been terminated in error.

What's Going On?

There's a lot of information going around about this situation. A FAQ post has been circulating which attempts to explain the situation, along with a script to help users locate audio posts they've made and a description of how one user had their account restored after termination. It's difficult to be certain about a lot of the details, though. Tumblr's Terms of Service state that they "may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement," and their policy for the past few years has reportedly been to terminate accounts that accrue 3 DMCA takedowns within 18 months, though they are not legally required to operate this way.

However, it appears that accounts are being terminated without investigating the possibility that posts fall under Fair Use, even though this has been a legal requirement in the US since 2008. Fair Use exemptions ensure that the use of media for the purpose of commentary, criticism, education, or transformative works, such as fanworks, is considered legitimate and non-infringing. Reportedly, on Tumblr, there have been no Digital Millennium Copyright Act (DMCA) takedown notices issued prior to the termination of many accounts, and thus users have not been given an opportunity to claim the legitimacy of their posts under Fair Use legislation prior to having their accounts terminated. However, we have also heard reports that some users have been able to successfully argue against one or two of the strikes and have their blogs reactivated.

Restoring Wrongfully Terminated Accounts

So what can you do if you feel your account has been terminated in error? Tumblr outlines in section 20 of its Terms of Service the procedure to follow for submitting a DMCA counter-notification, which is also the procedure that should be used to contest termination for copyright infringement without the receipt of a takedown notification. The procedure is as follows:

If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Tumblr by providing the following information to the Designated Agent at the address below:

  • The specific URLs of material that Tumblr has removed or to which Tumblr has disabled access.
  • Your name, address, telephone number, and email address.
  • A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
  • The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  • Your signature.

Designated Agent
Tumblr, Inc.
35 East 21st St, 10th Floor
New York, NY 10010
Attn: Copyright Agent
Fax: +1 (646) 513-4321
Email: dmca@tumblr.com
Copyright notice form: http://www.tumblr.com/dmca

Upon receipt of a valid counter-notification, Tumblr will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Tumblr does not receive any such notification within ten (10) days, we may restore the material to the Services.

Further to this, we recommend reading the Electronic Frontier Foundation's report Who's Got Your Back?, which includes a lot of information about widely-used online companies’ “objectively verifiable, public policy statements” regarding copyright DMCA notices and counter-notice procedures.

This information was adapted from a post written by OTW Legal staffer Heidi Tandy on the fyeahcopyright tumblr. Permission was given but was not actually necessary as this write-up is a Fair Use of that content.

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[syndicated profile] apartmenttherapymain_feed

I rarely have FOMO (fear of missing out) because, well, I love missing stuff. Nothing makes me happier than sneaking out of a bad party early or waiting until it's easy to get a reservation at the hottest, new restaurant, so I was thrilled to discover this trending acronym that perfectly describes my joy at skipping what some trend-setters would be heartbroken to miss.


did I mention I love space?

Mar. 2nd, 2015 06:48 pm
rustydragonfly: Photo of a starfield (SPACE)
[personal profile] rustydragonfly
I was taking some rubbish when I spotted two bright points in the sky. Okay, I see a bright point in the sky just before the stars come out, it's probably Venus. Everyone knows that. But hey, there's two, what's this other one?

Guys? It's Jupiter. This might be obvious to some, but I literally had no idea it was that visible. It's like a really bright star, so I must have seen it hundreds of times and thought that's what it was, because I did not know Jupiter was that visible! I mean, I love space and all, but I'm still not good at identifying all the stuff up there. Clearly I need to get better because fucking hell I was looking at Jupiter all this time WHY DOES NOBODY TELL YOU THIS STUFF. I especially didn't think it would be visible somewhere as bright as this area.

um so yeah I love space?
vesperregina: Festivids - gift vid exchange - a present wrapped with holly paper and a gold cord - text: Festivids (Festivids!)
[personal profile] vesperregina posting in [community profile] vidding
"My Body is a Cage," The Cutting Edge, Kate Moseley, character study.

"Take On Me," The Cutting Edge, Doug Dorsey/Kate Moseley, romance.

"I Could Be," Selfie, Eliza Dooley/Henry Higgs, romance and humor.

Links to embeds, downloads, and commentary in individual entries at my journal.
curiouscorvid: Andy Dwyer looks surprised (Parks & Rec - Andy Dwyer)
[personal profile] curiouscorvid
And so, here's a portion of my latest tea review because you guys might care more about fandom ramblings and fic organization!:

Considering I’m drinking [Reichenbach Recovery] while I organize all my fanfic in Calibre (800 stories! :O), this is the PERFECT choice. (And how many of these stories are to fix the terribleness that was Reichenbach? SEVERAL). I transferred everything over to calibre a few months ago, which meant I lost all my tags/story summaries, and then I forgot I hadn’t finished updating them and now I am and it’s really great. GUYS, it’s GREAT. Like, I will literally know how many Supernatural stories I have, and how many Harry Potter ones, and I can already easily find the one where the octopus keeps hitting on Tony Stark (who’s not at all interested).This, well, it just comes up, ok. :P

So yes. What have I been up to lately? Just playing with Calibre. I love Calibre. And I finally fixed this annoying thing where when I did a search it would just highlight the first book it found instead of only showing me the things that had that tag. And now I have it so that my rating is below the book, and they all have covers generated (with the pairing and fandom in the title) and I can totally find anything I want now. TOTALLY.

I loved using Pinboard, but I had to switch to Calibre bc I was using Calibre to manage my ebooks anyway, and then I just skipped the Pinboard step to make things quicker. It's already a process bc I dl from AO3, add to Calibre, send to Kindle, read, go back to Calibre, add tags, go to AO3 and add kudos/comments, delete from Kindle and REPEAT, but IDK that I can make it simpler than that and do the things I still want to do. And I like having the fic forever on my comp in case my fav stories get deleted or, well who knows. Miiiine.

What else is new? I've been playing Fantasy Life. A LOT of Fantasy Life. And once I get closer to finishing it, I'll probably be back on Kdramas, but at least I'm reading fic again.

Oh, and we're watching House of Cards!
And that's me. Hope you are all well. :D

48 St. Patrick's Day Icons

Mar. 2nd, 2015 01:31 pm
dhamphir: (dhamphir shamrock)
[personal profile] dhamphir posting in [community profile] icons
48 St. Patrick's Day Icons, 24 stock and 24 animated.


17 32 41

See the rest HERE @ [community profile] color_pirates
[syndicated profile] apartmenttherapymain_feed
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Of all the houses that architect Albert Frey designed in Palm Springs (and there are a lot), our favorite is the little home he designed for himself, perched in the hills overlooking the city. The house is only 800 square feet, but all the things Frey did to link the home's interior and exterior mean that you could almost imagine that the vast expanse of desert outside is merely an extension of your living room.


ST: TOS Rewatch, Nimoy Edition!

Mar. 2nd, 2015 09:27 am
retsuko: (spoilers!)
[personal profile] retsuko
On Friday, Yebisu and I decided that in honor of Leonard Nimoy, we'd do an original series rewatch instead of Next Gen. And what a treat that was! I had forgotten a lot of the details about these particular episodes, and they were both good Spock episodes; I even found that I didn't mind Kirk that much after all this time (and Futurama viewing.)

The Devil in the Dark: No Kill I )

Mirror, Mirror: I don't threaten, I merely state facts. )

Awesome-est moment in both episodes: I had forgotten the storytelling conceit that Kirk, Spock, and Bones have a little summation on the bridge at the end of both of these episodes, and these scenes were really good. Spock got some funny zingers, and the friendship (or more, whatever you want to see there) was well-expressed and rather touching.

Least awesome-est moment: Too many dicks on the dance floor. Seriously: there is only one woman in "The Devil in the Dark" and she doesn't even get a speaking line; while there are two women in "Mirror, Mirror", only Uhura gets any real agency. I'm glad that Next Gen, for all its contrivances and weird bits rectifies this problem to mostly very good effect.

Most Ridiculous Thing from my notes: "Coffee break! Eyebrow!" & "Semantics~~~~~"

(no subject)

Mar. 2nd, 2015 12:14 pm
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[personal profile] telophase
Zuri the giraffe calf would like to cordially invite you to be judged.
[syndicated profile] designsponge_feed

Posted by Grace Bonney

A Kansas Home Filled with Color and Pattern

Every once in a while, people luck out and find their dream home on the first try. Other times, it takes years to find the perfect space. For Tobe and Eric Reed, they had to look at over 200 homes until they found one that was just right. Convinced that they originally wanted a fixer-upper, the Reeds spent a long time looking for the perfect makeover project. But after three failed offer attempts, they expanded their search to see more move-in-ready homes. The home they would eventually call their own was outside of their budget range during the majority of their search process, but as luck would have it, it fell into their range toward the end of their hunt.

Eric and Tobe loved the home’s mid-century character and the fact that it was centrally located in their hometown of Overland Park, KS (the couple works on opposite ends of the city). So three years ago they moved in and they’ve worked on making it feel like their home ever since. Tobe, a blogger, shop owner and graphic design/social media manager for Hallmark Cards and Eric, a Fire Protection Engineer, share their home with their daughters Ava and Grace and a rescue cat named Tucker. Their family has worked together to create a space that not only welcomes their friends and family, but makes each member of their family feel comforted and at home. I love all of the family pieces they’ve incorporated into their space, along with cherished artwork by friends. Tobe explained, “It’s so important to love where you live, and we’ve taken great care to surround ourselves with things that we love and that serve our lifestyle. While I may never be content to just leave things alone for awhile (or even five minutes), I think it comes from a need to move and shift to best reflect the people that live here and how we need our home to function.” I think they’ve done just that and I’m so thrilled to peek inside their beautiful home today. xo, grace

Photographs by Jane Kortright

Additional Sources:

Formal Living Room
walls and trim – Benjamin Moore White Dove
sofa – Crate and Barrel
leopard print pillows – Yellow Hammer Design Shop
mirror above bar – HomeGoods
rug – eBay

On Shelves
white geometric planters – Dwell Studio
picture frames – Target
ivory fruit bowl – Convival Production on Etsy
sound cube – SoundFreaq

TV Room
walls – Benjamin Moore Edgecomb Gray
rug – Pottery Barn
pillows – IKEA
floral painting with girl – Amy Kligman
white ceramic box – Jonathan Adler
snakeskin tray on coffee table – HomeGoods
agate coaster on coffee table – High Street Market
starburst mirror above TV console – ZGallerie

Dining Room
walls and trim – Ralph Lauren Rue Royale
chairs – Scowters flash sale on Facebook
chandelier – One Kings Lane
abstract art above credenza – Michelle Armas

Master Bedroom
walls – Valspar Modern Gray
bed – Skyline Furniture
black and white striped throw blanket – Happy Habitat
bench fabric – Ballard Designs
starburst mirror above barrister – The Home Depot
lamp on barrister – Crate and Barrel

walls – Benjamin Moore Edgecomb Gray
patterned pouf – Crate and Barrel
lion night light – Jonathan Adler
abstract art above changing table – Jenny Andrews Anderson
gold geometric lamp – The Land of Nod
closet rug – eBay
closet system – The Home Depot
curtain fabric – Caitlin Wilson Textiles
window hardware – Country Curtains
clear acrylic bookshelves – Clear Displays

Nursery Gallery Wall
monkey portrait – The Animal Print Shop
lion illustration – Petit Reve on Etsy
ampersand print – Ampersand Studio on Etsy
carousel photograph – Anna With Love Photography
whale illustration – Tuesday Schmidt on Etsy
bucket list print – Read Between the Lines

(no subject)

Mar. 2nd, 2015 01:30 pm
snarp: small cute androgynous android crossing arms and looking very serious (Default)
[personal profile] snarp
Category romance novels are capable of making me quite sad!

Most other things are also capable of this, though.
[syndicated profile] apartmenttherapymain_feed
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Name: Ty & Lynne McDaniel, Owners and Founders of An Orange Moon
Location: Humboldt Park; Chicago, Illinois
Size: 1,200 square feet
Years lived in: 3

Ty and Lynne McDaniel, owners and founders of the fantastic Chicago furniture store An Orange Moon have created a hip and airy crash pad in the back of their shop. Located in the heart of Humbolt Park, the store/studio is brimming with history and charm. Lynne has been a pioneer in the advancement of the neighborhood, and has used those same skills in transforming their personal space. The couples’ warm smiles and knowledge of all things vintage invite you into the place, often permeated with the greatest hip hop beats.


Looking Back

Mar. 2nd, 2015 07:45 pm
lea_hazel: Don't make me look up from my book (Basic: Reading)
[personal profile] lea_hazel
Looking back at all the years of my blog which were dominated almost completely by uni stuff and I can't help but thinking that I just sort of flushed all those years away. For nothing. For no good reason. A friend told me once that I would stop thinking (eventually) that my twenties were the decade I had to pay back for my teens. I really hope that's true.

Dusen Dusen Home + Aidy Bryant

Mar. 2nd, 2015 05:00 pm
[syndicated profile] designsponge_feed

Posted by Grace Bonney

Dusen Dusen Home + Aidy Bryant

Sometimes, when two equally wonderful things collide, something even more spectacular results. For me, that is exactly what happened when Dusen Dusen collaborated with SNL cast member Aidy Bryant for the debut of their first home collection.

Designer Ellen Van Dusen’s clothing line, Dusen Dusen, has been a smash hit since its debut in 2010 and now Ellen has teamed up with her friend, buyer Ada Egloff, to create a collection of home goods for fall 2015. The collection continues with Ellen’s trademark style of bold primary colors brought to life in the form of whimsical patterns and prints. The debut collection includes rugs, pillows, towels, bedding, throws and poufs — all modeled expertly by Aidy and the official canine mascot of Dusen Dusen, Snips the dog. Aidy’s sense of humor is a perfect match for the fun, upbeat mood of the collection and I love seeing them all wrapped together. The photoshoot basically looks like my ideal slumber party fun, complete with an adorable dog and funny friends. Dusen Dusen Home won’t be in stores until August, but today we’re thrilled to share an exclusive look at the full collection. I can’t wait to get my hands on those towels — those have summer written all over them. Thanks so much to Ellen and Ada for sharing this peek with us today! Click here to check out more Dusen Dusen online. xo, grace

Photographs by Brian W. Ferry

[syndicated profile] ittybittykitty_feed

Posted by Laurie Cinotto

Wylla had her acupuncture appointment on Friday, and we were so happy to see she had gained even MORE weight. At her last visit six weeks ago, she was 6.5 pounds. When we put her on the scale Friday, she was a remarkable 7.18 pounds. It's pretty amazing that she's put on over a half a pound in so little time. Doc was impressed with her progress and her girth.

On the way home from the visit, we celebrated by stopping at the pet store, and Wylla picked out a new toy.  His name is Busby Berkeley, but you can call him Mr B.  Wylla thinks he's more fun than Rattle Mouse.



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our roads may be golden, or broken, or lost

March 2015


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