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The notice sent by Facebook doesn't disclose the identity of the third party filing the DMCA violation or identify which specific image violates the law, so Gore has had difficulty responding.The only hint as to who filed the claim came from a threatening phone call. Gore says someone who identified himself as a member of the Trump organization called and advised her to stop posting the nude image of Donald Trump or "face legal action."It's unclear what copyright claim Trump or anyone else would have over the image Gore created."Service providers tend to approach these notices in a rather risk-averse fashion," said Jonathan Tobin, a founding partner at Counsel for Creators LLP, a Los Angeles-based law firm serving clients in arts, media and technology. In other words, Facebook might send a notice like Gore received on a "just in case" basis."If one is actually filing a suit for copyright infringement, the plaintiff will need to specifically identify the allegedly infringed and infringing images," Tobin said. "A copyright suit can only succeed if the two images can be compared." Gore says the art is original and not a copy of any existing copyrighted images of Donald Trump, nude or otherwise, so it seems Trump would have difficulty pursuing legal action in this situation."The account was disabled in error and restored as soon as we were able to investigate."
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