Mention the words DMCA and frustration to a copyright holder, and they usually equate to the word “frustration.” The frustration often is a result of how much time is involved. So, how long should the DMCA takedown process take once a takedown notice is submitted?
In the case of Congress, the slogan seems to be, “Enact some basic concepts and let the courts sort it out!” Not nearly as catchy as the Marine’s trademarked phrase, but Congress’ approach probably costs more green blood – money.
In the case of the DMCA takedown process, the good news is the Internet service provider must act expeditiously as noted in the video. One area not discussed, however, is the counter-notice. Specifically, how long does a party have to file a counter-notice to a DMCA takedown complaint? The law doesn’t say. At all. In theory, the counter-notice could come a year later and still be viable.
Most online citizens try to act reasonably during the takedown process to meet the DMCA compliance requirements. Complaints are handled as timely as possible, but keep in mind there are humans on the other end of the process working through a ton of claims in many cases. Patience is a virtue. Use a little sugar instead of acid when going through the process and you are likely to end up with a positive result.
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