How a DMCA takedown notice works
If someone copies your photos, videos, writing or code, a correct notice can get it removed without going to court.
The Digital Millennium Copyright Act gives copyright owners a fast route to remove stolen work from websites and platforms.
Who can send one
The copyright owner or someone authorised to act for them. You do not need to have registered the copyright to send a notice, though registration is required before you can sue in a US court.
Where it goes
To the designated agent of the service hosting the content. That may be the website, its hosting company or a search engine.
What the notice must contain
- Your signature, which can be electronic
- The work that was copied
- The exact location of the infringing material, usually the URLs
- Your contact details
- A statement that you believe in good faith the use is not authorised
- A statement, under penalty of perjury, that the notice is accurate and you have authority to send it
What happens next
A service that wants to keep its legal protection removes the material promptly and tells the user. The user can respond with a counter notice.
What it is not for
A DMCA notice is for copyright only. Using one to remove criticism, a bad review or a news report you dislike is misuse. The law allows damages against anyone who knowingly makes false claims in a notice.
This article is general information about the law. It is not legal advice and reading it does not make you a client of the firm. Laws change, so speak to a lawyer about your own situation.