A DMCA takedown notice is an amazing tool in the arsenal of any creative business (“DMCA” stands for “Digital Millennium Copyright Act”). You can use a DMCA takedown notice to get sites that host third-party content (think Amazon, Ebay, Facebook, etc.) to remove content that infringes on your copyright. If you are a creator who has been plagued by knockoffs or other types of infringements, you should understand how a DMCA takedown notice works.
DMCA takedown notices get rid of unwanted infringement.
What Is A DMCA Takedown Notice?
A DMCA takedown notice is a notice that you send to a site hosting infringing content. If the site takes down the infringing content within a reasonable time after receiving a proper DMCA takedown notice, they can avoid liability. This gives these sites a huge incentive to respond quickly and vigorously to your DMCA notice. A few more things to know.
- A DMCA notice is only for copyrights. You can use a DMCA takedown notice to have materials that infringe upon your copyright taken down. You cannot use a DMCA takedown notice to remove materials that infringe on trademarks or other intellectual property.
- A DMCA takedown notice must be proper. The DMCA sets forth certain requirements for a DMCA notice to be valid. You must provide links to your work and to the allegedly infringing work, along with a statement that you have authority to have the material removed. There are a few other things to include, as well.
- The site owner has to take the material down in a reasonable amount of time. The DMCA requires the site owner to take down infringing content reasonably quickly – that time limit varies.
- The target can file a counter-notice. The person posting the allegedly infringing material can object to the notice and have the materials reposted if there is a reasonable legal argument.
How Do You Send A DMCA Takedown Notice?
Sending a DMCA takedown notice is not particularly complicated, but it’s generally best to speak with an attorney to make sure that it is the right choice in a given situation. There might be more effective options, depending upon the circumstances. But generally, if you are sending a DMCA takedown notice it will be addressed to a website’s DMCA compliance contact.
