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
- An electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
- Identification of the original work;
- Identify the infringing material you want removed and its location – URL;
- Contact information for the complaining party including your name, physical address, email address, and phone number;
- A statement that the complaining party has a good faith belief that the use of the material is unauthorized; and
- A statement under penalty of perjury by the copyright owner or their rep that the information in the notification is accurate.
If you are a site or app owner, you don’t need to hold copyright owners’ feet to the fire on these requirements. Most courts have ruled you should act on the complaint if you can understand the gist of it.
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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