I feel that I'm obligated to also point out how to fight a DMCA Notice. As some people do use them for abuse.
While I am not a legal advisory, I would personally feel negligent if I did not warn a sign of caution that you should only file or fight a DMCA Notice if you know or believe yourself to be in the right, as the ramifications of filling or fighting such a notice when you are in the wrong can adversely yield strong negative results (outcomes).
The same provision of copyright law that allows for the takedown notice also allows the alleged infringer to file a counter notice. After sending your takedown notice to the provider, the provider will notify the alleged infringer of the notice. The infringer then can send a counter notice to the provider declaring that the infringer “has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled” and other requirements of
Section 512 (g).
At that point, the provider is caught in the middle. By law, the provider must repost the infringing material to its original location.
Question:
What are the counter-notice and put-back procedures?
Answer:
In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)] If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]
A proper counter-notice must contain the following information:
- The subscriber's name, address, phone number and physical or electronic signature [512(g)(3)(A)]
- Identification of the material and its location before removal [512(g)(3)(B)]
- A statement under penalty of perjury that the material was removed by mistake or misidentification [512(g)(3)(C)]
- Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. [512(g)(3)(D)]
If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the person harmed for any damages that resulted from the improper removal of the material. [512(f)]
See also
How do I file a DMCA counter-notice?, and the
counter-notification generator.