If you find infringing copies of your work on a website, you may notify the website with a DMCA takedown notice. The DMCA (Digital Millennium Copyright Act) sets out a process for copyright holders to send an official notice requesting the service provider remove the infringing material. In order to stay within the DMCA’s “safe harbor,” service providers must remove or block access to the infringing works expeditiously so they cannot be sued for infringement.
How to Send a Takedown Notice
If you find infringing materials on a website, first check to see if the website has a form for DMCA takedown requests. Usually, a Google search for the name of the website and DMCA or copyright (e.g., Course Hero DMCA) is a quick way to find if the website has established a procedure for takedowns. Note that a website's procedures are determined by the provisions of the DMCA, not by the website. If you find a form online, fill it in and it submit according to the website's directions.
If you do not find a form or other DMCA information on the website, follow the steps below to send a proper DMCA takedown notice. A sample takedown notice is at the end of this page.
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Identify the DMCA agent by searching the online DMCA Designated Agent Directory.
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For takedown notices to be legally effective, they must be provided to a service provider’s designated agent in writing and include the following as required by 17 U.S.C. § 512(c)(3)(A):
- A physical or electronic signature of the copyright holder or a person authorized to act on behalf of the copyright holder.
- Identification of the specific copyrighted work(s) claimed to have been infringed.
- Identification of the material that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material (e.g. URL).
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and e-mail address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright holder.
Sample Takedown Notice
Dear [REGISTERED AGENT FROM THE DIRECTORY]:
This is letter is to serve as official notification of copyright infringement pursuant to the Digital Millennium Copyright Act (”DMCA”) 17 U.S.C. § 512(c) (3) for materials on [NAME/URL OF WEBSITE].
I, [YOUR NAME], am the exclusive rights holder of the following copyrighted material that is posted without authorization on your website:
- [DESCRIPTION OF MATERIAL & URL]
- [DESCRIPTION OF MATERIAL & URL]
- [DESCRIPTION OF MATERIAL & URL]
Upon receipt of this notice, I request that you expeditiously remove or disable access to the materials identified above as being the subject of infringement.
I am providing this notice in good faith and with the reasonable belief that my rights as the exclusive rights holder are being infringed.
Under penalty of perjury, I certify that the information contained in this notification is both true and accurate and that I am the owner of the copyrighted material identified above.
If you wish to discuss this with me please contact me directly using the information below:
Name:
E-mail:
Mailing address:
Phone:
I appreciate your prompt attention to this matter.
[YOUR SIGNATURE] (may be signed electronically)