DMCA and copyright

Informações juridicas:

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BUMIXR Case No. 4:20-cv-05640-YGR

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

Re: Dkt. No. 17

ORDER GRANTING PRELIMINARY INJUNCTION

This matter is before the Court on the Plaintiff’s Motion for a Preliminary Injunction to enjoin the Defendant from engaging in activities that allegedly infringe upon the Plaintiff’s copyrighted material. The Court, having reviewed the Plaintiff’s motion, supporting documents, and the applicable law, and having found sufficient legal grounds to justify the relief sought, hereby ORDERS as follows:

Background

The Plaintiff, Maria Clara Ferreira de Araújo, is the lawful and exclusive owner of the copyrighted content published under the brand BUMIXR .The Defendant, Angel Tech Serviços e Comércio LTDA, operates a YouTube channel under the name BUMIXR at https://www.youtube.com/@bumixroficial, which has engaged in unauthorized reproduction, distribution, and public display of the Plaintiff’s copyrighted content in direct violation of 17 U.S.C. § 106. Despite multiple DMCA takedown requests, the Defendant has continued its infringing conduct, willfully disregarding the Plaintiff’s exclusive rights under copyright law.

Jurisdiction and Venue

This Court has subject matter jurisdiction over this case pursuant to 17 U.S.C. § 501 and 28 U.S.C. §§ 1331, 1338, as it arises under federal copyright law.

Personal jurisdiction over the Defendant is proper as the infringing activity has caused harm to the Plaintiff and his business, which engages with audiences worldwide, including in the United States. Venue is properly laid in this Court under 28 U.S.C. § 1400(a) as the Defendant’s content is available and accessible to audiences in this District.

LEGAL STANDARD

To secure a preliminary injunction, the Plaintiff must establish: 1.A strong likelihood of success on the merits, 2.The existence of irreparable harm should the injunction not be granted, 3.That the balance of hardships weighs in favor of the Plaintiff, and 4.That an injunction serves the public interest. The Court finds that the Plaintiff has demonstrated all four elements, warranting immediate injunctive relief

ANALYSIS

Likelihood of Success on the Merits: The Plaintiff has provided substantial evidence establishing their valid ownership of the Work and proving that the Defendant’s actions constitute willful copyright infringement under 17 U.S.C. § 501. The Defendant’s continued exploitation of the Work, despite repeated warnings, indicates a reckless disregard for the law. Irreparable Harm: Monetary damages alone are insufficient to remedy the continued unauthorized dissemination of the Plaintiff’s copyrighted Work. The Plaintiff faces significant reputational damage, dilution of market value, and economic loss, which cannot be fully redressed by financial compensation. Balance of Equities: The Defendant has no lawful right to use or distribute the Plaintiff’s Work. Conversely, the Plaintiff, as the rightful owner, suffers direct harm from the Defendant’s unlawful conduct. Thus, the balance of equities overwhelmingly favors the Plaintiff. Public Interest: Enforcing federal copyright law and preventing further infringement

Permitting ongoing unauthorized use of intellectual property undermines the integrity of copyright protections and disincentivizes creative efforts.

ORDER

Based on the foregoing findings and conclusions, the Court ORDERS as follows:

1. Injunction: Effective immediately, the Defendant, along with their agents, representatives, and all persons acting in concert with them, are permanently enjoined from reproducing, distributing, or publicly displaying the Work, or any portion thereof, without express written authorization from the Plaintiff; creating or facilitating the creation of derivative works based on the Work; and engaging in any further conduct that directly or indirectly infringes upon the Plaintiff's exclusive rights under the Copyright Act.

2. Immediate Removal of Infringing Content: The Defendant shall remove all infringing copies of the Work from all platforms, websites, and distribution channels within five (5) days from the date of this Order.

3. Preservation of Evidence: The Defendant is ordered to preserve all electronic files, correspondence, financial records, and metadata related to the unauthorized use and distribution of the Work

4. Certification of Compliance: The Defendant shall submit a sworn declaration to the Court within seven (7) days of this Order certifying compliance with the removal and preservation obligations outlined herein.

5. Sanctions for Non-Compliance: Failure to comply with this Order shall result
in severe legal consequences, including but not limited to monetary sanctions,
contempt of court, and further injunctive relief.

CONCLUSION

For the foregoing reasons, the Plaintiff has satisfied all legal requirements for injunctive relief. The Court finds that the Defendant’s actions constitute a deliberate and willful violation of the Plaintiff’s exclusive rights under federal copyright law, necessitating the immediate and enforceable protections set forth in this Order. The unauthorized use, reproduction, and dissemination of the Work not only inflict irreparable harm upon the Plaintiff but also undermine the very foundation of intellectual property rights protected under 17 U.S.C. § 501. The Defendant’s blatant disregard for the Plaintiff’s rights, despite prior notices and legal warnings, warrants strict judicial intervention to prevent further infringement and protect the economic and reputational interests of the Plaintiff. By issuing this preliminary injunction, the Court seeks to preserve the status quo, ensuring that the Plaintiff’s intellectual property rights are upheld while preventing any further unauthorized exploitation of the Work. The Defendant is expressly advised that any noncompliance with this Order will result in additional legal consequences, including but not limited to contempt proceedings, monetary sanctions, and, if necessary, further injunctive relief to enforce compliance.

-----------------

This document aims to clarify BUMIXR's position regarding copyright and compliance with the Digital Millennium Copyright Act (DMCA) as well as other applicable intellectual property laws globally. Our company takes a rigorous approach to protecting its intellectual assets and innovative products, ensuring that all related content is properly protected by copyright, patent and other intellectual property laws.

Copyright and Unauthorized Use The products and materials developed by our company are protected by copyright in accordance with the regulations established by international legislation, including, but not limited to:

Digital Millennium Copyright Act (DMCA) – USA
Directive on Copyright in the Digital Single Market –

European Union Copyright Law
Based on these regulations, the company has full authority to protect its content against unauthorized use. This includes, but is not limited to, any form of reproduction, redistribution, modification, adaptation, public display, or any other means of dissemination of the protected material, regardless of the platform on which it is published.

DMCA Removal and Enforcement Policy
As stipulated by the DMCA and other copyright laws, any content published online that uses, displays, discusses, demonstrates, reproduces, or directly references our products and technologies may be subject to immediate removal without prior notice. The company reserves the right to issue takedown notices to any digital platforms that host such content, ensuring the protection of its intellectual property.

In addition, we emphasize that any improper use of protected materials may result in appropriate legal action, including, but not limited to:

Formal takedown requests with video and social media platforms, such as YouTube, Twitter, Facebook, among others, based on the principles of the DMCA.

Procedures for de-indexing protected content from search engines such as Google, Bing and similar.

Notifications of copyright infringement to hosting servers and internet providers, in accordance with Section 512 of the DMCA.

Legal actions that may involve civil and criminal penalties in cases of continued or repeat infringement.

Additional Considerations

Our commitment to innovation and protection of our intellectual property is non-negotiable, and we take all necessary legal measures to safeguard our rights. Failure to comply with the established regulations may result in significant legal consequences, including compensation for damages, compulsory removal of content and other penalties as stipulated by current legislation.

For any questions or formal requests for use of protected materials, please contact our legal department before publishing any content related to our products.

Dated: February 27, 2025