How To Write a DMCA Takedown Notice
Below is a list of the elements that comprise a proper DMCA takedown notice:
- Signature: The takedown notice should include the copyright owner’s signature or the signature of the person authorized to act on behalf of the owner (i.e., the owner’s agent). The signature can be in physical or electronic form. Whoever signs the notice should also identify whether they are the copyright owner or agent of the owner.
- Identify the Work Infringed: The takedown notice should clearly identify the copyrighted work or works infringed. If multiple copyrighted works are being infringed at a single online site the notice sender does not need to identify every single work, but instead can use a representative list of such works being infringed on the site. The work can be identified by title, or if it is more practical, the notice sender may provide a link to a website or other location where the work is being legally displayed. Some copyright owner attach a copy of the copyrighted work or a copy of the registration form but neither is necessary, despite what some service providers may say they require.
- Identify the Infringing Activity and its Location on the Site: The takedown notice should clearly identify the activity that is claimed to be infringing, and information reasonably sufficient to permit the service provider to locate the infringing activity on its site. Typically, notice senders provide the web address (URL) indicating where the infringing activity is being made available. A copy of the infringing material or web page where the infringing material resides can also be attached to assist in the removal.
- Contact Information: The takedown notice should contain the notice sender’s contact information. This information should include the notice sender’s email address. An address and/or telephone number may also be included.
- Good Faith Belief: The takedown notice should include a statement that the notice sender has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- Accuracy of your Statements: The takedown notice should include a statement that the information in the takedown notice is accurate, and under penalty of perjury, that the notice sender is authorized to act on behalf of the copyright owner. Providing false information and making a false claim is punishable under federal law, and those making false notices can be sued and held civilly liable.
To continue to learn about the DMCA notice and takedown process, join the alliance—it’s free.