In the event you realize someone has committed copyright infringement using your content you can file a take down notice having the site content, video or pictures removed. Copyright infringement on the internet is very pervasive anymore thus having many a content provider weighing their time to file complaint against their rightful content ownership. It is common for a writer to consider this a modern fact of life in the dog eat dog content world, feeling as so common practice it's therefore out of there control. The content you create takes hard work and a great deal of time. It is always within your best interest to file a DMCA notification to protect your work. It is just a part of being a content provider and one every serious writer should make themselves familiar with.
Filing a DMCA Take Down Notice
by katiem2
Learn what a DMCA take down notice is, how it protects your internet content and images. Protect what you write and keep others from stealing your work.
What's a DMCA Notification
© Copyright Katie McMurray 2012. All Rights Reserved.
What is a DMCA? - A take down notice is the Digital Millennium Copyright Act. This act provides you the content creator and owner the right to demand anyone using your original content without your permission to take it down and never use it again.
A Good Reminder
The moment you write content or create photographs it belongs to you, the copyright owner.
A good common sense approach is to include a reminder at the end of all your written content reminding others this is in fact your copyrighted material. They may otherwise feel free to copy it thinking there was no advisement otherwise.
For example; © Copyright Katie McMurray 2012. All Rights Reserved.
Note: I've included one in my table of contents sending a message that all the content belongs to me and is protected by copyright.
The FIrst Step
The first step to filing a DMCA notice is finding the stolen content.
The first step is to send a cease-and-desist letter demanding payment for the infringement and a demand the content be removed from their site or blog. These are often ignored or over looked as the creator of the blog or site may not monitor the incoming emails or letters for each site or blog efficiently. There is an additional solution, the digital millennium copyright act: where in you can send the ISP a take down notice regarding the infringed content being violated.
How to File a DMCA
Learn The Requirements of Filing a DMCA Takedown Notice
An ISP or Internet Service Provider is not liable for the transmition of information in violation of copyrighted material. After the ISP receives proper notice of said violations the content must be removed.
Once you find a website using your content without permission, contact the ISP or host of the site reporting the infringement.
This letter is known as a DMCA or take down notice. The ISP is then required to provide you with the web or blog users name and address so you may send them notices as well. The copyright in question must not be registered with the U.S. Copyright office in order for you to take advantage of the DMCA protection provisions.
You can utilize the “who is” search at sites like Domain Tools or Whois.net to find the infringing blog or site using your unauthorized content. There are certain letter requirements for your ISP complaint.
Sample DMCA Letter
Review a sample DMCA letter I myself have had to file protecting stolen content.
The Letter Requirements
- The letter must be in writing electronic is okay
- Signed by the copyright owner, yourself, a digital signature is fine
- Note the copyrighted source you claim to be infringed, or list if more than one
- Provide proof of the material infringing your content, a link to the content
- Add your contact information, including state of complaint
- Include the following statement “under penalty of perjury, that the information contained in the notification is accurate and true” in your letter.
- Make the statement you have the right to these proceedings as you are the copyright owner or the owner's agent
Sample Takedown Notice
The following type of letter should be sent to make your DMCA claim:
Send the letter via email to ISPHosting[at]isp.com
To: ISP Hosting Company:
Date: Include current date
From: Your Name
Re: Copyright Claim - DMCA
Offending Site: Include link and name of site or blog using your content
I am the copyright owner of content being infringed at: Include url where content is misused. Included you will find copies of the content being infringed to assist with the removal from the infringing blog or web sites.
This letter serves as an official notice under the provisions of the Digital Millennium Copyright Act. I'm sending this notice with the intent of formal complaint insuring removal of the above mentioned infringements. I request the content be immediately removed by way of you issuing a cancellation message as specified in the DMCA code to prevent the infringer, identified in this letter from using the infringing material to your server now or in the future. I appreciate your lawful act to expeditiously remove all infringed content and disable access upon receiving this notice.
In good faith I make the claim against the infringement, the content complained of here in not nor has it ever been authorized by me, the copyright holder or the law under which it is protected. I swear under penalty of perjury I am that copyright holder.
Please advise me as to the prompt removal of said content at the address provided below. I appreciate your response and actions to remove the content and resolve this matter.
End with your name and address.
Closing Comments on DMCA
The bottom line in terms of a DMCA take down notice.
A DMCA is a simple process you hopefully won't have to deal with. I have and you may also, the more content you create the more likely these offenses may occur. Remember it is your right to make demands protecting your content regardless of it being written or images. It is your content and you have all rights to it.
Best Wishes and Much Success, Katie
© Copyright Katie McMurray 2012. All Rights Reserved.
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Share your experiences with filing a DMCA take down notice
Sheri, Me too, unfortunately I have had to put this into practice many times as much of my work was copied from hubpages. :)K
Hope I never need this.
Bhavesh, My most positive thoughts are with you, it shall go smoothly. :)
Unfortunately, I have to file a DMCA complaint - not a pleasant task for me as I prefer to spend my time writing and creating. This is a great resource that brings it all in one place and makes it all easy. Thanks!
DavidPaulWagner, Great to hear of a real life incident where in the follow through of a DMCA take down notice was effective. It's something we all may face from time to time, the protection act does work. Thanks for your comment and helpful feedback.
KatieM, thanks for this article which describes the DCMA take down notice procedures very clearly! I had some of my original content reproduced on a Wikipedia page -- without my permission sought and without any acknowledgement given. The Wikipedia page outranked my own website page in the Google search results for my own content! I filed a DCMA take down notice and proved that the content had appeared on my website first (by providing a link to the archive.org date-stamped snapshot of my website page with my content showing). That Wikipedia page was then dropped from the Google search engine results -- at least until my content was deleted from that page.
I would def give it a go, you have every right to take this the foremost approach. I would send a letter as it pertains to your case to the offenders ISP for sure. Best wishes to you and your recovery of your business.
Would this work for defamation cases too? Or even links to my websites from sites that I do not want linking to my site?
We have been under attack for over two years from one person and he has damaged our business and my professional career immensely.
We have started a court case against this person, but since he has no fixed residence or even country he totally ignores all court orders. The ISP is godaddy
rjnjlly, I appreciate your spreading the word on how to file a dmca and the vital need for this information. Thanks for feedback and support!
TilenHrovatic, You're so welcome :)