I am contacting you as the agent for the site where the infringing content currently appears. This is a Notice of Infringement as authorized in §512(c) of the U.S. The following information is to assert my rights and request a removal of allegedly infringing web content under the Digital Millennium Copyright Act (DMCA). Some agents do not want requests by email and instead prefer to have them faxed or sent by registered mail. If there is no online form provided, you have to send your notice to the designated DMCA agent in exactly the way that they request. Most large websites, especially search engines, use forms to send issues to specific departments to deal with them.
It is best to use this form as your first point of contact since it is probably going to give you a quicker response.
Some websites have specific online forms for DMCA Takedown requests. If that has not been updated recently, you can look at the website Who Is. If you can't find the DMCA contact on the website, you can search the U.S. If the offending page is on a hosted a blog like LiveJournal, Wordpress, or Blogger, finding the right ISP is should be easy. Some popular locations are under Copyright or in their Terms and Conditions. If you are sending the notice to an Internet Service Provider (ISP), there's usually an email or form provided on their site. If you find your content on another website, it can be somewhat difficult to find out who the hosting company of that website is.
Once you have ensured that the copyright is actually being infringed upon and you have all the information you need to fill out your DMCA violation report correctly, there are precise steps that then need to be followed in order to correctly file a DMCA Takedown Notice.
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Video: MPG, AVI, RM, MOV, Quicktime, Windows Media Player, RealPlayer.Images, pictures, and photos: BMP, EPS, SVG, JPG, JPEG, GIF, PNG, PSD, RAW, TIFF.Text: TXT, RTF, DOC, DOCx, PDF, PPT, PAGES.The content is capable of being infringed online and is in a digital form such as:
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The supposed infringement is not covered by laws such as Fair Use or free speech.ģ. You own the copyright or have the right to assert infringement of a copyright you license.Ģ. A statement that the information in your notice is correct and that you are either the owner of the copyright or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.īefore you send a DMCA Takedown Notice, you need to make sure that:ġ.A statement that says you have a good faith belief that use of the material in the way it is being used has not been authorized by the copyright owner, its agent, or the law.The address, telephone number, and email address where you can be contacted.The location and identification of the material that you want removed.Identification of the work or works that you are claiming infringement upon and a list of all the works.A physical or electronic signature of the person that owns the copyright or a person authorized to act on behalf of the owner.Otherwise, it is invalid and a website can simply disregard your DMCA violation report. It's important that your DMCA complaint has all the necessary information and is written properly. If you discover that someone is using your copyrighted works on their website, you should immediately file a valid DMCA Claim. Copyright Office to take advantage of this DMCA regulation. Your copyright does not have to be registered with the U.S.
The DMCA says that, while an Internet Service Provider (ISP) is not liable for displaying information that infringes a copyright, the ISP needs to remove the material from their users' websites if they receive proper notice.Ī DMCA claim requires that hosting providers, upon receipt of an infringement claim, remove or disable access to any websites that are potentially infringing. The treaties address issues that affect photographers directly. The Digital Millennium Copyright Act (DMCA) is a set of laws that exist to protect copyrighted content on all digital mediums.Įnacted in 1998, the DMCA implemented treaties signed in 1996 by the World Intellectual Property Organization (WIPO) Geneva Convention. Frequently Asked Questions What Is a DMCA Claim?Ī DMCA claim, also called a DMCA Takedown Notice, is a complaint made if someone suspects a website of copyright infringement. Not All Cease-and-Desist Letters Are DMCA Takedown Notices 8. Requirements for Safe Harbor Protection 7.
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How to Protect Against Copyright Claims 6. Responding to a DMCA Takedown Notice of Your Content 5.