DMCA Takedown Notice

A DMCA takedown notice is used to stop sites from using your stolen content. If you are sick of having your content ripped off, an active takedown program is necessary.

What is a takedown notice? As the name suggests, it is a written notice that is designed to alert a party who has stolen and republished your content that you want said content taken down immediately. If the notice is not complied with, then you can proceed with a lawsuit to stop the offending party in their tracks, have their site shutdown and recover monetary damages.

One of the problems with the web for content holders is an offending party can be just about anywhere in the world. If your business is based in Los Angeles and some kid in Russia is republishing your content, it is can be slightly difficult and expensive to hunt him down. Fortunately, the Digital Millennium Copyright Act [DMCA] allows for the takedown notice to be served on their internet service provider as well. In practical terms, this means their host in most instances. The host is then required to remove the content until the offending party makes a counterclaim asserting that there is no violation. Obviously, this rarely happens and the host will keep the content down. 

A DMCA takedown notice can also be used in other situations where someone has stolen and reused your content. The web is full of social media sites like Facebook and forums where people interact. People will copy and post items on these platforms all the time. In most cases, they do so innocently and without intent to profit from your content. They might think something you've written is interesting and repost it instead of simply linking to it. Still, this is violation of copyright and a DMCA takedown notice is needed to get the matter handled in most cases. 

The DMCA is a technical bit of legislation, so it is vital to have a plan when using it. Once a takedown notice is filed, the clock starts running so it is critical that you know what has to happen and when it has to happen. Without an understanding of the complexities, things can go off the tracks quickly. 

If you need to file a DMCA takedown notice or many of them, contact me for a consultation at 619- 637-6043. I look forward to speaking with you and assisting you.