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DMCA Takedown Notices

In today's digital age, protecting one's intellectual property is crucial, and the DMCA takedown notice has become an essential tool for those who have experienced copyright infringement. It is also a much cheaper and more expedited process for getting content removed in situations where removal, and not necessarily money, is the client's main goal. DMCA stands for Digital Millennium Copyright Act. This legal document is essentially a request to remove content that allegedly infringes on a copyright protected work from an online platform. While it might sound simple, navigating through the legal jargon can be difficult, which is why seeking the help of an experienced copyright infringement attorney can make all the difference. So, whether it's a case of stolen content or an unauthorized use of your intellectual property, a DMCA takedown notice can be a powerful way to assert your legal rights and protect your work from unauthorized use.

Hiring a copyright attorney to handle the DMCA Process can be helpful in ensuring that your work is properly protected and that you are aware of all legal considerations and options available to you. Intellequity can help you with these notices, whether you want to send one or have received one. To learn more about the DMCA process, read the sections below. Book a low cost,1/2 hour detailed consultation, or book a free 15 minute general information consultation, whichever fits your needs. 

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Sending a DMCA Takedown Notice

Are your copyrighted works being shared online without your permission? It could be a photograph or some creative content. Don't worry, there are ways to address this issue through the Digital Millennium Copyright Act (DMCA).

 

By requesting an Internet Service Provider hosting the website to take down your copyrighted work, you can effectively protect your content. The best part is that these mechanisms are cheaper, easier, and faster compared to resorting to a lawsuit for copyright infringement, especially where removal, and not necessarily damages, are a clients' main goal!

 

However, it's important to note that sending a DMCA copyright notice should be done responsibly and only after conducting a thorough investigation. Failure to follow proper procedures or neglecting to investigate the facts properly can hinder your efforts in getting the content removed, and potentially expose you to liability under the same law that was designed to protect you!

Before sending a takedown notice, consider the following steps: First, ensure that you have a legitimate claim to send a notice, which means you must own the copyright.

 

Second, verify that posted material is actually infringing your copyright, as fair use and other uses may serve as defenses.

 

Finally, determine if the site hosting the alleged infringing content is owned by the infringer (in which case, a cease and desist letter might be more appropriate) or if it's an internet service provider located in the US, as the DMCA only applies to providers based in the US.

 

As far as the notice itself, It is crucial to provide the necessary information in the notice itself and send it to the appropriate agent, ensuring it meets the statutory requirements for proper notice.

In need of more detailed information? I'm here to provide you with easy-to-understand, practical, and trustworthy legal advice regarding your DMCA inquiries. If you'd like to discuss further, you can easily schedule a consultation below.

Receiving a DMCA Takedown Notice

If you believe that you have been incorrectly or wrongly served a notice under the Digital Millennium Copyright Act (DMCA), there may be actions or defenses that allow you to dispute the request and keep your content up.

First and foremost, in order for there to be a valid DMCA request, the DMCA requestor must have a valid copyright in the alleged infringing work. This does not mean the work must be registered with the copyright office, but it does mean that if it is not registered, you should investigate that the proper party is requesting the removal. For instance, if the requestor asserts copyright ownership of photographs on a specific website, it's crucial to verify if that person actually created the photographs, owns them as works made for hire, or received the copyright from the original author or successor in interest. Otherwise, the request would not be valid and could be contested.

 

If you send a counter-notice denying any copyright infringement, the ISP must restore the content unless, within 10 business days, the ISP receives notice from the copyright owner that it has brought suit against the alleged infringer. Note that in order to file suit, a copyright owner would need to have (or obtain) a valid copyright registration. Therefore, checking to see if a valid registered copyright exists is an important step in determining the advisability of sending such counter-notice. 

The next question to think about, is whether your use of the alleged infringing material actually constitutes infringement. This is much harder in practice than it seems because copyright law is filled with grey area where no clear-cut answer may exist. However, sometimes certain uses are allowed which become defenses to infringement. Such defenses include fair use, of which there are many types, works made for hire and assignment issues, statute of limitation issues and de-minimus infringement.

 

Have more questions or want more detailed information? Feel free to book a consultation to learn more about the process and your rights.

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The law firm is licensed to practice in Oregon. The information provided by this website is offered for general information only.   It is not intended to be legal advice and does not establish an Attorney-Client relationship between you and this firm.  For more detailed information on your particular situation, contact us at  503-877-0881.

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