The notice-and-takedown framework
The DMCA is US legislation. Section 512 of US copyright law provides a notice-and-takedown process through which a copyright owner or authorized agent can report infringing material on a service. A notice does not guarantee removal or establish infringement by itself.
The original article’s suggestion that ignoring a notice automatically leads to punishment was too broad. This revision follows the US Copyright Office’s explanation of the framework and required information.
Before sending a notice
Confirm that you own the relevant rights or are authorized to act for the owner. Check the actual material, any license, and uses that may be permitted by law; a similar title alone is insufficient.
A request to a file host and a request to a search engine are separate actions. Delisting a result may leave the underlying file online. Match each URL to the appropriate official reporting channel.
Information to include
- A physical or electronic signature of the owner or authorized agent.
- Identification of the copyrighted work.
- Identification of the material to remove and sufficient information to locate it, usually exact URLs.
- Contact information, such as an address, telephone number, and email address.
- A statement of a good-faith belief that the disputed use is not authorized by the owner, the owner’s agent, or the law.
- A statement that the information is accurate and, under penalty of perjury, that the sender is authorized to act for the owner.
Use the Copyright Office’s sample notice as a reference, and follow the recipient’s official form and instructions.
Keep delivery and outcome records
Save the recipient, URLs, submission time, reference number, and replies. Receipt of a notice is different from confirmed removal. Uploaders may submit a counter-notice in cases of mistake or misidentification, so removal is not necessarily the final outcome.
Treat copyright reports to Google separately from notices to the file host. Seek advice appropriate to the circumstances when rights or counter-notices are disputed.