“It is better to be helpful than harmful.”

Today is a different day here on Coffee.

I got an e-mail from WordPress that said they have received a DMCA Takedown Notice for material published on my WordPress.com site. Because they at WordPress have received several DMCA notices against my site that have not been countered, they will suspend my site pursuant to the repeat infringer policy in 10 business days unless I submit a valid counter notice as described here:

http://en.support.wordpress.com/counter-notice/

http://automattic.com/dmca/dmca-counter-notice/

I have to challenge the notice, counter it, to ensure that I don’t disappear. The notice refers to a song published by me in 2013. The second link is the counter notice and how I must defend my infringing content. I have 5 more days to fill then send the counter  notice. I’m not so sure that I have a defense and that would mean the end of Coffee. If any of you has some ideas to help, please post in comments. I’m gasping for breath.

A while back I did start another Coffee in blogger. If you’ve been with me a while, you know I got shut down in Blogger which is why I moved to WordPress. This is a different address for Blogger Coffee than the last one. I haven’t done much to that site yet, but I will in the next fews days.

www.keepthecoffeecoming.blogspot.com

If you have any ideas, I could use some help!!

Thanks,  Kat

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31 Comments on ““It is better to be helpful than harmful.””

  1. olof1 Says:

    Sorry no idea at all but isn’t it a bit late by WordPress to do anything about that now since it was posted in 2013? Well I already have Your new address so I’ll find You there too 🙂

    Christer.

  2. Caryn O'Keefe Says:

    I have no ideas, either, other than your own domain. That’s a whole other level of involvement I would assume.
    But it seems a bit draconian to take up something that happened five years ago.
    I have the new address and will look for you here or there. Good luck with WordPress.

    • katry Says:

      Caryn,
      It is a whole new level of involvement and I think I’d have to design the page and write code which I don’t know. I can investigate. This is driving me to distraction.

      • sprite Says:

        The only thing that having your own domain name would do is allow you to redirect your audience elsewhere if your site did get taken down.

        You’d still be subject to takedown notices (were you to post music, rather than merely embed YouTube videos) and suspensions by the site’s host. Even if you were to house your site on your own server, the music companies could still come after you.

      • katry Says:

        sprite,
        I figure there is a wanted poster of me in the offices of some music companies, but I don’t think my posting of one song resulted in mass theft of songs. All people could do is listen.

  3. BG Says:

    Wow, going after you for something from five years ago? That’s strange. And I know you stopped posting music links quite a while back, so that’s doubly annoying I’m sure. Is the music link in question still active? What about others?

    Like most people you meet on the internet I seldom know what I’m talking about, but something did occur to me from my own experience. Back in the days when I was posting music myself, I would always remove the link after a week or so. Would it help square it with with them if you removed all links?

    Wish I had more ideas but I’ll write again if I have any…

    • katry Says:

      BG,
      No, the link is no longer active, but you can still listen to the song. I actually removed all links a long while back. I guess listening too is a violation.

      I think I’m cornered.

  4. Birgit Says:

    Phew, good luck!

    So it’s again the old non-YouTube music and the 2013 song was just one takedown notice too much.
    If(!) this blog survives we’ll finally have to find a way to remove the old music all at once… (Where are the files stored? Remove music or just links or player? …) But first step first, the last notice.
    Sorry, no real idea how to justify the music. Fair Use? Just a music player on the site, not available for download? (Well, even without a direct download link you could easily download the music, but maybe argue as technically dumb person?). We’ll have to find more convincing arguments…

    Learning from mistakes I’ve bookmarked the blogspot link some time ago, last time it took some months to find your blog again.

    • katry Says:

      Birgit,
      Yup, I went over their limit. We’d have to remove the songs from each entry. The links have already been removed so there is no downloading.

      I’m going to try fair use. I’m mulling all the possibilities.

      I appreciate your tenacity in finally finding me. I’d really miss you!

      • Birgit Says:

        1. Still no further arguments…

        2. When you still can listen to the music, the files must be somewhere. Do you have a paid wordpress account and did you upload the files directly to wordpress or are the music files on box.com or a similar service and you just linked the files to your wordpress site?

        3. Did you archive your blog resp. do you want to have an offline copy?
        If it’s not possible within wordpress I think I can try. I’ve archived our chorus website some time ago but have to look up command and parameters again. Maybe it works.

      • Bob Says:

        Many people think that You Tube videos are royalty free but they are not. I was searching for photos on Google to include in some courseware I was developing and had to only use royalty free images. If you go to advanced images in Google there is a drop down selection for photos that can be used even commercially. They are mostly US government photos. However, those that show the faces of people can’t be used because those people have modeling rights that can’t be violated without their permission.

        Unfortunately, you may have to agree to not post any music in the future and see if that kind of Mea Culpa will satisfy Word Press. Otherwise, you may have to drop the music completely and just give us the names of the song and the artists so we can listen on our own. Or, you can move off shore to a place where Word Press would have to spend a fortune to collect royalty fees from you. Brazil is nice this time of year. 🙂

        I am not an attorney and anything I have said on this post is not to be construed in any manner to be legal advice. I’m not providing legal counsel without a law license. I’m not authorized, liscenced nor authorized to give legal counsel in any State or Territory of the U.S. Canada, Mexico or Belize. The opinions expressed here are strictly my own and have no legal standing in any court in any jurisdiction in any land anywhere on Earth, the Moon or Mars. 🙂

        Sunny with a high of 65 degrees after a foggy morning.

      • katry Says:

        Birgit,
        The files are uploaded through WordPress. There are no files on external sites. I did that a while back but I deleted those and did not load any more.

        I’d love you to try and archive Coffee, and I appreciate the offer.

      • katry Says:

        Bob,
        Wordpress is not doing this but an external royalty site is. They contact WordPress which then contacts me.

        Just naming the song and singers is not where I want to go. Most readers wouldn’t ‘t both to go looking. I like the fun of posting the theme of the day. I’ve found that many of the videos have been posted for quite a while, but I guess that is no guarantee as my transgression dates to 2013.

        I have offered to take down music but they don’t ask. They just delete.

  5. BG Says:

    Birgit is right, Kat. I was getting ready to say the same thing — if the music plays, then the files exist somewhere.

    Also, I know a little bit about archiving on WordPress, I think. There’s a place in your settings that allows you to export your blog. It combines everything into a big zip file that you download. I’ve done it as a backup but have never tried to then take that and recreate it elsewhere.

    • katry Says:

      BG,
      There is no access to the music so no downloads. The music was uploaded right to WordPress then posted to my site.

      I will hunt to see if I can find where to export Coffee. I really would hate to lose everything I’ve written.

  6. sprite Says:

    Kat, I’m sorry. The old files do continue to exist on your site. You can find Guy Lombardo here, for instance: https://keepthecoffeecoming.files.wordpress.com/2012/12/guy_lombardo_and_his_royal_canadians-auld_lang_syne.mp3. On the back end of my WordPress site, I have a section called media library. Conceivably I could delete a bunch of things in there with one go, so I assume you could get rid of all the old files that way with yours, too.

    Getting around the block is another, bigger problem and one which I don’t have a ready answer to, since it sets you up for legal intervention. I’m sorry and will see you over at Blogspot if things progress.

    • katry Says:

      sprite,
      I knew they still existed on WordPress. What is no longer there are the MP3’s available for downloading. I thought removing those links was enough. Now I know it wasn’t!

  7. BG Says:

    I’m kind of confused now by Bob’s mention of youtube music videos. That’s how I post music on my blog and that’s what Kat currently does, but I think they’re going after her for the MP3’s she used to post. I don’t believe her problem concerns the music videos.

    I’ve always understood that youtube pays royalties on their videos and/or deletes them if they don’t have a deal in place.

    • katry Says:

      BG,
      There are no longer MP3’s posted as I had deleted them a long time ago. It is purely for putting a song on for listening purposes.

      I run into youtube pages where the video had been removed, and it says for violating copywrite. YouTube is merely the host for all those videos.

    • sprite Says:

      BG, Your posting YouTube videos on your site that already exist at their site does not mean you’re violating copyright.

      You may be reposting videos that are violating copyright, but you won’t be held personally liable for that in the event that music company issues a cease and desist order.

      If, however, you were to take a song that you had a copy of and then make a video and post it to YouTube without paying the owner of that song’s rights, you *would* be in violation and legally liable.

      And, yes, that does mean that probably a third of YouTube videos are up there illegally…

      The same goes for photos you find on the internet (although as Birgit, I think, said, there you add in the murky difficulties of the rights of anyone whose image is depicted in the photo).

      • BG Says:

        That’s what I was trying to say in my own convoluted way. As long as you just post videos from youtube (which is what I do and I think Kat does too) then any copyright issues are probably not your problem. According to many sources, youtube does have royalty agreements in place with ASCAP and several other groups, however. And they will take down videos that are disputed, but I’m not sure how closely they watch it otherwise.

      • katry Says:

        BG,
        I am being taken down because of a song I posted, not a video. I switched to videos after another takedown notice. YouTube will suspend or remove an account with copywrite issues.

  8. Birgit Says:

    Archiving:
    Kat, as BG wrote you can archive your posts yourself. Go to the support page and search for “export”. (I’ve tried to post the export-support-link twice but both comments didn’t show up. Appearently wp blocks it’s own sites?) When you’ve found the page choose manual export, not expensive transfer service.

    Music files:
    What means “uploaded through WordPress”? You can’t upload mp3 files with a free account. Your (removed) download links back than were box.com links if I remember rightly. Are the files still at box.com? You may have uploaded the link (not the file) to wordpress so deleting box.com music may solve at least this problem?

    • katry Says:

      Birgit,
      It has been so long since I posted music that I really forget how I did it. The files at Box have all been deleted; however, they are still part of the media file at Coffee. I deleted a couple today but it will take a long time.

      I found export and chose manual export. They were exported, but the files are unreadable. The top of the first page tells how to import the files to a different site or to another WordPress site. I’m getting error messages on the rest of the pages. This is what I get

      :https://keepthecoffeecoming.wordpress.com Tue, 27 Feb 2018 01:17:07 +0000 en 1.2 http://wordpress.com/ https://keepthecoffeecoming.wordpress.com 5692864katrykatry@comcast.netkatryKathleenRyan 734079excuseExcuse! 556informationInformation 13477just-becauseJust Because 108469just-complainingJust Complaining 18musicMusic 2007musingsMusings 543567old-time-radioOld Time Radio 994photophoto 35404spoken-wordSpoken Word 6176012tv-theme-musicTV Theme Music 1uncategorizedUncategorized 412videoVideo 605811013605757190 386233063sultry-and-even-stifling” “sultry” and even “stifling 386233073but-never-hot” but never “hot.” 479551280its-raining-its-pouring-the-old-mans-snoring”It’s raining. It’s pouring. The old man’s snoring 49554880neither-snow-nor-rain-nor-heat-nor-gloom-of-night-stays-these-couriers-from-the-swift-completion-of-their-appointed-rounds”Neither snow, nor rain, nor heat, nor gloom of night, stays these couriers from the swift completion of their appointed rounds.” 370644steamy”steamy 590871424590871421′ 26592905autumn-2’autumn 1032027fraidy-cats’fraidy cats 118870remote’remote 13931855620%cb%9a-20˚ 20215992427%cb%9a-27˚ 32817172730-windchill-30 windchill 46158221336%cb%9a-2-36˚ 4611889029%cb%9a-9˚ 24325914000-fathoms000 Fathoms 39548511-am1 AM 3290877461-3-more-inches-of-snow1-3 more inches of snow 14421682810-12-inches10-12 inches 1558394100-degrees100 degrees 185192430100%cb%9a100˚ 563982657109%cb%9a109˚ 539418105510:55 4820195113011:30 9660107112-cups12 cups 894973012-days-of-terror12 Days of Terror 1915890612-inches-of-snow12+ inches of snow 32715811312%cb%9a12˚ 40459029313%cb%9a13˚ 46085108014%cb%9a14˚ 60131912815%cb%9a15˚ 2499651616 338606716241624 33130796616%cb%9a16˚ 8999071880s1880’s 16722928618%cb%9a18˚ 2496631919 57775

      • Birgit Says:

        Crazy error message. Thinking…

      • katry Says:

        Birgit,
        Do I pay $120??

      • Birgit Says:

        No!
        Let’s see what I can get with wget… Still problems with external/internal links and how to get it movable…

      • katry Says:

        Birgit,

        Thanks so much for trying!

      • Birgit Says:

        Done! Your KTCC-offline-diary from March 2010 to today is finally completed. Just words (daily posts and comments pages, 625 MB at all), no pictures or music or fancy stuff. Unfortunately a little less comfortable than online reading but just in case… Let’s hope you don’t need it!
        I had to think of Zoey & Me who often suggested that you should write a book…
        In case you consider to move these thousands of old posts to a new blog you should try again the export option provided by wordpress. The files I gathered are just an archive you may want to have if this blog really disappears. I’ll keep my fingers crossed and hold my thumbs!

        Now it’s time to listen to some KTCC music, I saw you posted Odetta today 🙂

      • katry Says:

        Birgit,
        Thank you so much for saving this blog from total annihilation.

        Zoey and Me was the first Coffee friend I lost. He came every day. Minicapt was the next. He helped me in so many different ways. I am pleased that my Coffee family have become my friends, but losing one will never be easy.

        I posted Odetta from one of my favorite albums: Odetta Sings Dylan.

        Keep holding those thumbs!!


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