Sending a DMCA Takedown Notice
Copyright infringement is only too common nowadays and the Digital Millennium Copyright Act, of 1998, provides proper procedure, in the event of such incidence. If you should find your intellectual property on a website (whether written content, graphic etc.) you should first send notification to the webmaster of the infringement and wait a reasonable length of time for such compliance, or a reply. Failing this, you can send a DMCA takedown notice to the internet service provider of the infringing website. Upon receipt of such a notice, providing it is valid, and internet service provider must immediately remove all infringing material or face the legal consequences of being in direct violation of the DMCA.
A DMCA takedown notice must meet the following criteria;
- It must be in writing.
- It must be signed(electronic signature is fine)
- It must specify the content that you believe to be infringing upon your intellectual property rights.
- It must include accurate contact information.
- You must state that your complaint is being made in “good faith”
- You must also state, that “under penalty of perjury, that the information contained in the notification is accurate”
- Finally, you must state that you have legal right to take such, and further, action as the copyright owner or agent of the same.
A sample DMCA Takedown Notice letter follows below:
RE: Copyright Claim
To: InfoChannel Internet(ISP)
I am the copyright owner of the article being infringed at:
This letter is official notification under the provisions of Section 512© of the Digital Millennium Copyright Act (“DMCA”) to effect removal of the above-reported infringements. I request that you immediately issue a cancellation message as specified in RFC 1036 for the specified postings and prevent the infringer, who is identified by its web address, from posting the infringing content to your servers in future. Please be advised that the law requires you, as a service provider, to “expeditiously remove or disable access to” the infringing content upon receipt of this notice. Non-compliance may result in a loss of immunity for liability under the DMCA.
I have good faith belief that use of the material in the manner complained of here is not authorized by me, the copyright holder, or the law. The information provided here is accurate to the best of my knowledge. I swear under penalty of perjury that I am the copyright holder.
Please send me, at the address noted below, a prompt response indicating the actions you have taken to resolve this matter.
Upon receipt of notification, as specified above, the internet service provider will likely remove the offending material.