One of the unfortunate aspects of the Digital Millennium Copyright Act [“DMCA“] is the drafters of the law decided to create new terms for items and tasks that already had names in the copyright world. Their decision has caused unnecessary confusion for anyone trying to pick up the fundamental elements of the law. In this video, we deal with some of this terminology by answering the question what is a DMCA takedown request?
DMCA Takedown Requests
- A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
- Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
- A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
If you are a site or app owner, you don’t need to hold copyright owners’ feet to the fire on these requirements. As long as you can understand the gist of the complaint, most courts have ruled the compliance process should be followed.
What is a DMCA takedown request? It is the first step taken by the copyright owner to launch the DMCA compliance process.
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