Receiving a DMCA notice can be nerve-wracking, but it is vital that you don't ignore it. Read more to understand why you received one and what you can do to resolve it.
Find out more about Copyrights
by Crystal Everson, J.D.
Crystal Everson was admitted to the state bar of New York and has since retired from the practice of law. She holds a.
Updated on: February 14, 2023 · 2 min read
Copyright infringement has become so prevalent that sometimes you are not even aware that you are infringing on another person's rights. Most of the time, copyright infringement is an innocent mistake—such as reposting an image on Instagram that you like and want to share. Other times, the infringement is intentional. Either way, if you infringe on someone else's copyright, you will very likely receive a Digital Millennium Copyright Act (DMCA) takedown notice.
Here's why you probably received the DMCA notice and what steps you should take to resolve the issue.
The DMCA was enacted in 1998 to expand existing copyright law to include and address issues surrounding the internet and digital media. A DMCA takedown notice is a tool that copyright owners can use to help enforce the protections that the DMCA provides.
Title II of the DCMA limits the liability of internet service providers (ISPs) in copyright infringement cases when they voluntarily comply with the law. A copyright owner provides notice to an ISP via the DMCA notice. To avoid liability, ISPs must respond to any complaint of copyright infringement by removing the work or the portion of work that has been identified, and contacting its client or account holder who was infringing on the copyright.
Six items must be included on a DMCA takedown notice:
While sending the DMCA takedown notice to an ISP is most common, the copyright owner can also directly contact the copyright infringer directly by sending a takedown request, an invoice with the cost of licensing rights to use the material in question or a request that you add a credit to the material. You may also receive communication from an attorney representing the copyright owner seeking any of the above.
Once you receive a DMCA notice—either directly or through your ISP—review and confirm the alleged copyright infringement listed on the takedown notice. If you can confirm that there is a copyright infringement, you should proceed with taking down the identified material.
However, if you have reason to dispute the takedown notice because you have permission to use the copyrighted material, send a counter-notification back to the party who sent you the takedown notice—your ISP, the copyright owner or their agent.
No matter who sends you the DMCA takedown notice and whether you confirm or dispute the alleged copyright infringement, it is crucial that you respond to the notice immediately. If you fail to respond, you could be facing a copyright infringement lawsuit.
Find out more about CopyrightsThis article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.
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