What is DMCA TAKEDOWN NOTICE ?
DMCA stands for Digital Millennium Copyright Act. It was a legislation passed in United States of America to protect the interest of copyright holders in year 1999. It basically vests the copyright owner with a right to remove the copyright infringing content from the internet. DMCA Takedown Notice is a tool provided under the Digital Millennium Copyright Act to enforce the copyrights.
It’s slightly different from a normal Legal Legal Notice (like a Cease and Desist Notice) in the sense that it covers Internet Service Providers (ISPs) also within its ambit and makes it obligatory upon them to remove the content as soon as they are notified about the infrigment through the takedown notice. The only requirement is that the notice must be send in accordance with the rules of Digital Millennium Copyright Act.
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FAQs on DMCA TAKEDOWN
Digital Millennium Copyright Act (DMCA) is an Act to keep the United States Copyright Act updated with the wake of emerging new information communication technologies i.e. Internet. It provides a legal mechanism through which copyright infringing content can be removed from a website or ISP’s server.
DMCA notice is sent when other person is copying the content of your website or work whether it is in writing, images, video or audio and they run a business profiting from your copyrighted work. It is also sent when you see your work posted somewhere without your authorization or permit. The only exception to this is when your work has been used for “fair use” purposes and thus no notice for DMCA can be filed in that case.
Any person who is the owner of the copyrighted work or who has legal right to assert a claim for copyright infringement can send a DMCA take down notice to the person who has or who is infringing your work. You have to find the contact details for that particular infringer and send an appropriate notice. ISPs normally have assigned DMCA agents to receive such notices from those interested.
DMCA does not follow a particular format. DMCA notices can be send according to the facts and circumstances of the case. But usually it should provide the details that either they are linking or hosting copyrighted infringing material at a particular location on their website, link of original work and contact details of persons authorized to handle the case or if you are doing it by yourself than your contact details. You should also include that the notice has been sent in good faith.
No, any third party cannot send a DMCA take down notice. The person has to be the original author or any person authorized to file the claim on behalf of the copyright owner.
Once you receive a takedown notice, you should first remove the content. After that if you think that the work has not been copied or infringed, try to find the ownership of the content in question. If you feel that the DMCA notice has been wrongly issued to youyou can send a counter notice to get the content reinstated. However, it is advisable to take help of a legal expert as it is a time consuming process and you don’t want to lose the content based on a false DMCA take down notice.
DMCA is a federal law that increases remedy for online copyright infringement. The violation of the notice can result into the civil as well as criminal penalties. The case can be filed in the federal district court and the possible remedies are monetary damages and imprisonment. However, the punishment depends upon the facts and circumstances of each case.
This depends upon how responsive the host is. Some may take days to remove it while the others may even take hours from receiving the DMCA notice.
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