DMCA takedown procedure

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This DMCA takedown procedure is a means through which copyright holders can request through a DMCA takedown notice that an online service provider (OSP) remove material (uploaded by a user) that allegedly infringes their copyright. The user can then respond with a DMCA counter-notice if they believe the material does not actually infringe. Both documents require precise procedures. The sample notices below are dedicated by their authors to the public domain:

Contents

[edit] DMCA Counter-notice

This is sent from the uploader to the service provider.

[edit] Requirements

  • The subscriber's name, address, phone number and physical or electronic signature [512(g)(3)(A)]
  • Identification of the material and its location before removal [512(g)(3)(B)]
  • A statement under penalty of perjury that the material was removed by mistake or misidentification [512(g)(3)(C)]
  • Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. [512(g)(3)(D)]

[edit] Sample

(SENDER'S NAME)
(SENDER'S POSTAL ADDRESS)
(SENDER'S EMAIL ADDRESS)
(SENDER'S PHONE)

I received a DMCA takedown notice in accordance with Section 512 of Title 17 of the U.S. Code. It alleged that I used works without authorization of the copyright holder, in violation of the law. However, the identification of the following works was an error for reasons described below.

1.

  • (WORK NAME)
  • Location of alleged infringing material: (WORK URL AT OSP)
  • This is a (mistake/misidentification) because (reason, e.g. fair use, not work identified, person sending DMCA doesn't have authorization to act on the work, etc.)

2.

  • (List any others in same format)

I swear under penalty of perjury that the material above was removed improperly. I hereby agree to the jurisdiction of (local federal court/acceptable overseas body). In accordance with Section 512, subsection g, I request that the above material be put back immediately.

Yours sincerely,

(SENDER'S NAME)

[edit] DMCA takedown notice

This is sent by an authorized agent of the copyright holder to the service provider.

[edit] Requirements

  • The name, address, and electronic signature of the complaining party [512(c)(3)(A)(i)]
  • The infringing materials and their Internet location [512(c)(3)(A)(ii-iii)], or if the service provider is an "information location tool" such as a search engine, the reference or link to the infringing materials [512(d)(3)].
  • Sufficient information to identify the copyrighted works [512(c)(3)(A)(iv)].
  • A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)].
  • A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].

[edit] Sample

(SENDER'S NAME)
(SENDER'S POSTAL ADDRESS)
(SENDER'S EMAIL ADDRESS)

Dear (RECIPIENT'S NAME),

As you are the Designated Agent for (OSP NAME), I am sending you this formal takedown request as a last resort. The following works, among others, are being made available for copying through downloading from the listed URLs, without authorization from the copyright owners.

I personally am authorized to act for the following works:

1.

  • (WORK NAME)
  • Infringing copy: (WORK URL AT OSP)
  • Date found: (DATE)

2.

  • (List others in same format)

I am giving notice of these activities pursuant to Section 512 of Title 17 of the U.S. Code. The information in this notice is accurate; I have a good faith belief that this use of the material is not authorized by me, any agent of mine, or the law. I swear under penalty of perjury that I am authorized to act on the copyright holder's behalf. Please act quickly to remove the materials described above.

Please advise regarding what actions you take.

Yours sincerely,

(SENDER'S NAME)

[edit] Sources

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