How to File a DMCA Takedown Notice in 6 Steps

As a copyright owner, discovering your creative work being used without permission online is infuriating. But you’re not powerless. Thanks to the Digital Millennium Copyright Act (DMCA), you can file a takedown notice to get infringing content removed quickly. In this article, I’ll walk you through the exact steps to file an effective DMCA takedown notice and protect your rights.

What is a DMCA Takedown Notice?

A DMCA takedown notice is a formal request to remove content that infringes on a copyright owner’s intellectual property rights. Under the Digital Millennium Copyright Act (DMCA), copyright owners can send takedown notices to web hosts, internet service providers, and websites to request that infringing content be removed. The notice must include specific elements to be valid, including identification, a brief description of the infringing content, and a statement of your good faith belief that the use is not authorized.

What Can Be Covered By a DMCA Takedown Notice?

A wide range of creative works can be protected under the DMCA, including:

• Written content like articles, blog posts, and e-books
• Photographs and images
• Videos and films
• Music and sound recordings
• Software code
• Architectural designs

Essentially, any original work of authorship fixed in a tangible medium of expression can be covered by copyright and thus protected through DMCA takedown notices.

Who Can File a DMCA Takedown Notice?

Any copyright owner or someone acting on behalf of a copyright owner whose work is being infringed upon online can file a DMCA takedown notice. This includes:

• The original creator of the work
• A person or company that has bought the rights to the content
• A licensee or exclusive licensee of the content
• An agent authorized to act on behalf of the copyright owner, such as an attorney

Even if your copyright isn’t registered with the U.S. Copyright Office, you can still file a DMCA takedown notice. Copyright protections exist from the moment the original work is created.

Step 1: Document the Infringing Content

The first crucial step is to gather evidence of the infringing content. You must include this in your takedown notice and prove that your copyright is being violated.

Visit the webpage or website where the infringing content is posted. Take clear screenshots showing the infringing content alongside the URL.

Make sure the screenshots are meticulously time-stamped to reflect when you discovered the infringement. I recommend annotating the screenshots with arrows, circles, or notes to clearly highlight the infringing content.

It’s also wise to preserve offline copies of the infringing content in case the website owner removes or alters it after receiving the notice. Use a tool like the Wayback Machine to create an archived copy of the webpage as supporting evidence.

Step 2: Identify the Website Host

To file your DMCA takedown notice, you’ll need to send it to the appropriate party. In most cases, this will be the website’s hosting provider.

Hosting providers are companies that provide the servers and infrastructure websites use to operate and be accessible online. Examples include GoDaddy, Bluehost, and AWS.

Under the DMCA, hosting providers are required to have a designated DMCA agent to receive takedown notices. But how do you find out who hosts the site infringing your content? Follow these steps:

1. Go to https://lookup.icann.org/ and enter the website’s URL in the search bar.
2. Click on the “Lookup” button to reveal the site’s WHOIS registration data.
3. Scan the WHOIS record for fields like “Registrar” or “Hosting Provider” to identify the host.
4. Visit the hosting provider’s website and locate the contact information for their Designated DMCA Agent. This information is often found in sections like “Legal,” “Copyright,” or “DMCA Policy.”

Make note of the host and the designated agent’s contact details, as this is where you’ll be sending your takedown notice.

Step 3: Prepare the DMCA Notice

With your evidence gathered and the correct contact identified, it’s time to draft your DMCA takedown notice. To be legally valid and trigger the host’s obligations to remove the infringing content, your notice must include:

• Your full name and contact information
• The name and contact information of the copyright owner, if different from yourself
• Identification of the copyrighted work being infringed
• A direct URL to the infringing content you want to be removed
• A statement of good faith belief that the content is not authorized by the copyright owner, its agent, or the law
• A statement that all information in the notice is accurate
• Your physical or electronic signature

Here’s an example of the key phrasing to include for each required element:

[Copyrighted Work]: “I am the copyright owner of the article “10 Tips for Social Media Marketing,” originally published on my website www.marketingtips.biz on March 15, 2022.”

[Infringing Content]: “The webpage www.sneakyseo.com/10-social-media-secrets is infringing my copyright by reproducing my article in its entirety without permission. See the attached screenshots clearly showing the violation.”

[Good Faith Statement]: “I have a good faith belief that the use of my copyrighted material on the infringing webpage is not authorized by the copyright owner, myself, or the law.”

[Accuracy Statement]: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner of the work in question.”

Be as specific as possible when identifying the infringing content and include all relevant evidence and screenshots as attachments. Close the notice with an official electronic signature, such as:

Signed,
[Your Name]
Copyright Owner

Step 4: Send the DMCA Notice

With your DMCA notice drafted, it’s time to submit it to the hosting provider’s designated DMCA agent.

Most hosts accept notices via email or through a form on their website. Refer back to the Designated Agent’s contact information you found in Step 2 and use the appropriate submission method.

Some tips for sending your notice:

• If using email, make the subject line clear. Something like “DMCA Takedown Notice – Infringing Content on [Website URL]” gets the point across.
• Attach your screenshots and evidence files, preferably as PDFs. Compress larger files into a ZIP folder.
• If submitting via an online form, copy and paste your entire notice text into the provided field. Upload or attach all supporting documentation as permitted by the form.
• Keep a record of your submission, including the date and time, any confirmation emails or reference/ticket numbers you receive, and copies of everything you sent.
• If you don’t receive any confirmation of receipt within a few business days, follow up with the host to ensure they got your notice.

Sending the notice kickstarts the formal process of getting the infringing content taken down under the DMCA. Make sure you’ve thoroughly documented your copyright ownership and the infringement to give your notice the best chance of success.

Step 5: Wait for Removal

Once you’ve sent your DMCA takedown notice, the waiting game begins. However, the DMCA outlines strict timelines for hosts to take action, so you shouldn’t be left in limbo for long.

Upon receiving a valid DMCA notice, the hosting provider should “expeditiously” disable access to or remove the infringing content. While the exact timeframe isn’t specified in the law, most hosts act within 24-48 hours.

After disabling access to the content, the host will notify the website owner of the DMCA complaint. The site owner then has the opportunity to file a counter-notice if they believe the content was removed in error or they have a valid defense, like fair use.

If a counter-notice is filed, the host must wait 10-14 business days before restoring access to the content. This grace period gives you, the copyright owner, time to seek a court order to keep the content offline if you choose to pursue further legal action.

If no counter-notice is filed, the content should remain offline. Check back on the infringing URL after a few days to ensure the material has been fully removed.

What If The Host Doesn’t Comply With Your DMCA Notice?

They could lose their “safe harbor” protections under the DMCA and be held liable for contributory copyright infringement. Follow up with the host and remind them of their legal obligations. If they still fail to act, consulting with an experienced DMCA attorney can help you explore additional options, like seeking a court injunction.

Step 6: Monitor for Future Infringement

Congratulations—you’ve successfully flexed your DMCA muscles and removed infringing content! But don’t rest on your laurels quite yet.

Online copyright infringement is often a game of whack-a-mole. Just because you got one site to take down your content doesn’t mean it won’t pop up elsewhere.

To protect your rights long-term, it’s crucial to regularly monitor the web for new instances of infringement. Some tips:

• Set up Google Alerts for unique phrases from your content to get notified of new copies appearing online.
• Periodically reverse image search your photographs or designs to find unauthorized uses.
• Use plagiarism detection software to scan for copies of your written content.
• Consider subscribing to a professional content monitoring service tailored to your industry.

If you do find repeat infringers, don’t hesitate to file new DMCA notices. Keep meticulous records of all your enforcement efforts to build a strong case should you need to pursue further action.

What If You Receive a DMCA Counter-Notice?

In some cases, the website owner you filed a DMCA notice against may dispute your claim by sending a counter notice to the hosting provider.

This could happen if they believe your notice was submitted in error, that they have permission to use the content, or that their use falls under an exception like fair use.

To be valid, a counter notice must include:

• The site owner’s contact information
• Identification of the removed content and its original location
• A statement under penalty of perjury that the site owner has a good faith belief the content was removed in error
• The site owner’s consent to the jurisdiction of a federal court in their district
• The site owner’s physical or electronic signature

If you receive a counter notice, you typically have two options:

1. File a copyright infringement lawsuit against the site owner within 10-14 business days. If you do, the host will keep the content offline until the case is resolved.
2. Do nothing and allow the content to be restored after the waiting period. This could be the right move if you believe the site owner has a strong case or if the potential cost of a lawsuit outweighs the benefits.

Carefully consider your options and the strength of your position. Consulting with an attorney can help you make an informed decision and protect your rights.

Risks of Filing a False DMCA Takedown Notice

While the DMCA is a powerful tool for copyright owners, it’s not one to be wielded lightly. There are serious potential consequences for submitting false or misleading information in a DMCA notice, including:

• Damages and attorneys’ fees: If you knowingly materially misrepresent that content is infringing in a DMCA notice, you could be liable for monetary damages and the accused infringer’s legal costs.
• Lawsuits: Filing false DMCA notices could open you up to lawsuits for defamation, tortious interference with business relationships, or even RICO (Racketeer Influenced and Corrupt Organizations Act) charges in extreme cases.
• Loss of credibility: Submitting frivolous or abusive DMCA notices can damage your reputation and make it harder for hosts and websites to take your future notices seriously.
• Public backlash: High-profile cases of DMCA abuse have led to public outcry and negative media attention for the notice senders.

To avoid these risks, make sure your DMCA notices are accurate, in good faith, and based on solid evidence of infringement. Don’t use DMCA notices to silence critics, stifle competition, or intimidate others – only to legitimately protect your copyright.

Alternatives to DMCA Takedown Notices

While DMCA notices are a go-to for many copyright owners, they’re not the only tool in the infringement-fighting toolbox. Depending on your situation, other options to consider include:

• Cease and desist letters: A strongly worded warning letter can sometimes spur infringers to remove content without getting hosts involved.
• Direct negotiation: Reaching out to the site owner to request removal, offer a license, or discuss a settlement could resolve the issue amicably.
• Copyright strike systems: Some platforms, like YouTube and Facebook, have built-in copyright claim systems that offer a streamlined alternative to formal DMCA notices.
• Lawsuits: For large-scale infringement or uncooperative infringers, filing a copyright infringement lawsuit could be necessary to enforce your rights.

The best approach will depend on factors like the scope of infringement, your budget, and your legal goals. An experienced copyright attorney can help you weigh your options and develop a tailored enforcement strategy.

Get Help with DMCA Takedowns

Navigating the DMCA takedown process can be overwhelming, especially for busy copyright owners juggling multiple infringement issues. At Minc Law, our experienced internet attorneys are here to help.

We offer a comprehensive DMCA takedown service that handles the entire process for you, from identifying infringers and gathering evidence to drafting notices and monitoring compliance. Our attorneys have extensive experience protecting copyrights online and know how to get results.

If you’re dealing with online infringement and need help with DMCA takedown notices, contact us today. Call (216) 373-7706, speak with a Chat representative, or fill out our online contact form to schedule a free, no-obligation initial consultation. We’ll review your situation, explain your options, and develop a plan to protect your valuable copyright assets.