Dmca Takedown

Enacted by the United States Congress in 1998, the Digital Millennium Copyright Act (DMCA) contains five parts that protect digital assets. The legally appropriate part for mandating DMCA Takedown Notices is covered by the Online Copyright Infringement Limitation Act (OCILLA)

In easy to understand language, the DMCA ensures online service providers (OSP) enjoy certain legal protections against copyright infringement liability under specific guidelines. One of the legal requirements is the prompt removal or blocked access to infringed digital assets, whenever a copyright holder or the copyright holder’s agent sends a takedown notice that clearly describes the copyright infringement claim.

If an alleged copyright infringer responds with a counter notice that claims the digital assets posted do not fall within copyright infringement laws, the OSP must contact the copyright owner to communicate that the OSP might replace the removed material within 10 to 14 days. The copyright owner must take legal action against the alleged infringer to prevent replacement of infringed digital assets.

A DMCA takedown involves either the owner of the digital asset or the owner of the copyright for the digital asset. A formal request is filed to remove infringed materials from a website. Under the DMCA, you have the right to request removal of digital assets posted online that you never granted permission to post or upload. A DMCA takedown notice represents the formal request to remove digital assets from a website. Digital assets can include text, games, images, videos, and applications.

The DMCA created the takedown notice to help copyright owners stem the rapidly growing practice of digital asset infringement. If a copyright owner files a valid and timely DMCA takedown notice, the affected OSP must remove the infringing digital assets, as well as notify the alleged infringer of the compliance with the takedown notice.

Also referred to an as Internet Service Provider (ISP), an OSP stores all of the content and other types of digital assets for customer websites. OSPs include companies such as Bluehost and GoDaddy. Some companies, such as Google and Facebook host websites internally. Conducting a free online lookup reveals the name of an OSP, which starts the DMCA takedown process. Use the free WhoIsHostingThis.com tool by entering the website in question into the search box. Under the DMCA, web hosting companies are required to present current contact information for the submission of a DMCA takedown notice. You should find the contact information under the “Legal” tab located in the footer of the OSP’s website.

If you discover any of your digital assets infringed online, contact FreeDMCA to create a DMCA takedown notice.