- The DMCA notice and takedown process is a tool for copyright holders to get user-uploaded material that infringes their copyrights taken down off a websites. The process entails the copyright owner (or the owner’s agent) sending a takedown notice to a service provider requesting the provider to remove material that is infringing their copyright(s). A service provider can be an internet service provider (e.g., Comcast), website operator (e.g, eBay), search engine (e.g., Google), a web host (e.g., GoDaddy) or other type of online site-operator. There are several elements that should be included in a takedown notice that are specified by the copyright law. If most of these elements are not included, the service provider may refuse to take down the material. Even if a takedown notice meets all the legal requirements, the service provider still may refuse to takedown the material. However, if they fail to do so, then they open themselves up for potential secondary liability for assisting with copyright infringement.
- How do I send a DMCA notice to get infringing material taken down from a site?
- Your DMCA notice should:
- Include your signature or the signature of a person authorized to act on your behalf (your “agent”) (the signature can be either physical or electronic);
- Identify the copyrighted work that is being infringed;
- Identify the activity that is infringing and information reasonably sufficient to permit the service provider to locate the infringing activity on its site;
- Include your email address and any other information to allow the service provider to contact you or your agent directly;
- Include a statement that your or your agent has a good faith belief that the activity is unauthorized; and
- Include a statement that the information in the notice is accurate and, under penalty of perjury, that your agent is authorized to act on your behalf.
Information not enough?