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My Experience of Writing DMCA Notice of Copyright Infringement

by | Updated Jan 7, 2023 | Digital Marketing | 0 comments

Internet copyright infringement is a serious issue. In order to deal with this issue, different countries have set up different web copyright laws. In the United States, there is the DMCA (Digital Millennium Copyright Act). This Act provides methods where people can deal with copyright infringement cases over the Internet. Webmasters should become familiar with the law as it applies to them, so that they understand how they can avoid infringing copyright on other works and so that they can take steps with people infringing copyright on their own works.

Unfortunately, plagiarism on the Internet is common. Even though most people understand that copying other work without permission is wrong, there are still many cases where copyright is infringed. In order for webmasters to make sure that people are not using their work without their permission, they need to frequently check whether their work can be found on any other websites. If they do find their work is being copied and published without permission, they can take steps to remedy this by sending a DMCA notification.

DMCA notifications provide the owner of the copyright a means to send notice to someone who is infringing copyright on their work. The DMCA sets out the way that copyright owners can send a notification, and also sets up take down procedures for ISPs. The DMCA requires online service providers to remove any links to material that is infringing copyright, after they have received a DMCA notice. It also requires webmasters to remove any material that is infringing copyright. Online service providers are protected from liability in many cases for linking to such material, but webmasters may suffer liability.

What are the requirements of a DMCA notice?

To effectively deal with Internet copyright, a DMCA notice has certain requirements that much be met to be considered to be a proper DMCA notice, under U.S. web copyright laws. If you send a notice that does not meet these requirements, then the recipient of the notice will not be required to follow the procedures that are set out in the DMCA, including removing the infringed copyright material. The procedures for a DMCA notice are:

  • It must be a written notification.
  • It must identify the copyrighted work.
  • It must identify the work that has infringed copyright, with enough information to allow the party to be contacted.
  • It must contain a statement that the writer of the letter has a good faith belief that the material has not been authorized.
  • It must contain a statement that the information provided in the notice is accurate and that the complaining party is authorized to act on behalf of the owner of the copyrighted material.
  • The notice must contain a signature.

Use of electronic signatures

Although a DMCA notice requires a signature, many online service providers will accept the use of electronic signatures in place of hand-written signatures. Under the DMCA, an electronic signature (or e-signature) is allowed. Check with the online service provider to ascertain their requirements. Some companies allow the person to type their name in a box and consider this a signature. Most companies will allow a digitized image of the signature attached to an email. Google, however, will not allow people to e-sign their letters at all, and ask that the notification be mailed or faxed with a signature.

What happens next?

After you have sent the notification, there are further steps that need to be taken. The service provider may remove the content that is infringing copyright. The provider is then exempt from copyright infringement. If the provider chooses to remove the material, they must then notify the person infringing copyright that their material has been removed or blocked. This person is called the subscriber. If the subscriber believes that the material was not infringing copyright, they can file a counter-notice. When the copyright holder receives the counter-notice, they can either restore the material or bring a copyright infringement lawsuit.

Tips for effective DMCA letters

  • Make sure you read the DMCA policy of the company where you are sending the letter. Different companies have different requirements.
  • Check carefully that the material is infringing copyright, and be sure about this before sending the DMCA notice.
  • Provide as much information as possible, including clickable links, for both the copyrighted work and the work that is infringing copyright.
  • Provide any information that will allow the online service provider to contact the webmaster where the infringed copyright work is being posted.
  • Make sure that you include your contact details, and that these details will be current for the time it takes the notification to be dealt with.
  • Think about to whom you should send your DMCA letter. Forums that have infringed copyrighted material could be sent a DMCA notice, or the notice should go to the online service provider.
  • Keep a copy of the notification.
  • Use a valid subject line in your email.
  • Be clear and simple when your write the letter. Your letter should be easy to understand and directions to the material should be easy to follow.
  • Be polite and courteous.

Resources for more information

It is not always easy to know how to phrase a DMCA notice, especially if you are not used to writing letters of this type. The following websites contain information and samples that will help you write your letter.

Take steps to stop internet plagiarism

Internet plagiarism is a serious business. All owners of copyrighted material should be on the look-out for material that infringes copyright and take steps to remedy this situation and to prevent the material from being posted. Web copyright laws are there to help owners of copyrighted material make sure that their material is not used illegally. Webmasters should make sure they understand the Internet copyright requirements and the steps they can take to stop people from using their work.

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About the Author

Punith Alex

Punith Alex is a professional Digital Marketing Consultant and Blogger. As a consultant, he works with businesses to generate leads, sales, and achieve business objectives.

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