DMCA Takedown Request
DMCA Takedown Request Form
Confidentiality Statement
Any information submitted within this form, including your name and email address is held in strict confidence. We do not sell or share any information contained within these forms with anyone not included in the takedown process. None of the information submitted within these forms will be emailed to you. All communication regarding your takedown notice is within a secure password protected client portal.
DMCA and its purpose
In 1998, the Digital Millennium Copyright Act (DMCA) was enacted by the United States Congress to modernize the country's copyright laws in the digital age. The DMCA was a response to the growth of e-commerce websites and the need to meet the country's treaty obligations regarding copyright law. The purpose of the DMCA was to prevent widespread piracy of creative works, such as videos, photographs, graphics, and technology, on the Internet.
The Act DMCA
DMCA 17 USC 512 (c) (3) is a section of the US Copyright Act that outlines the requirements for the "DMCA Takedown" process to take place. DMCA Takedowns are a "notice-and-takedown" process that requires OSPs and ISPs to remove access to alleged infringing material upon receipt of a valid DMCA notice from a copyright owner. Failure to comply with the DMCA Takedown Notice puts the OSP/ISP at risk of losing their statutory immunity or "Safe Harbor" protection under the Act.
DMCA takedowns and copyright protection
The DMCA Takedown process is a critical tool for copyright holders to protect their creative works in the digital age. It is important for OSPs and ISPs to comply with DMCA Takedown Notices to avoid losing their statutory immunity and legal protection under the Act. The DMCA also ensures international copyright protection for copyright holders in other countries.
The Law
The DMCA addresses the role of Online Service Providers (OSP) and Internet Service Providers (ISP) in responding to reported copyright infringement through the use of their services. To avoid liability for any copyright infringement, ISPs and OSPs must block access or remove the infringing content upon receipt of a DMCA notice from a copyright owner.
DMCA takedown process
Once the alleged infringing content is removed, the infringing party has the option to file a Counter Claim in response, stating under penalty of perjury that the DMCA Notice is false. The OSP/ISP must wait 10-14 days after receiving a valid DMCA Counter Claim before reactivating or allowing access to the claimed infringing content. The claimant who filed the DMCA Takedown Notice must then file a court order against the infringing site owner and the OSP/ISP if they wish to keep the infringing content offline.