Even if your content is not copyrighted, you can get it takedown down.

DMCA.com's takedown and legal teams can often work on other angles to get non-copyrighted content removed. Our team can review your request with the legal team to determine what other options may be available for your takedown request.

If you would like to have one of our takedown professionals work on getting something removed for you, get started by submitting our support form here: Ask a Question.

DMCA Takedown Fast Tip

A DMCA Takedown is when content is removed from a website or internet platform at the request of the owner of the content. The DMCA Takedown is a well-established and accepted internet standard followed by website owners and internet service providers everywhere.

What is fair use?

Fair Use is now widely accepted in most countries around the world. It allows the limited use of copyrighted material without requiring permission from the copyright owner. Items considered Fair Use would be commentary, criticism, news reporting, research, teaching or scholarship. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test.

It references four factors to measure fair use. They are:

1. The nature of the copyrighted work;
2. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.

This is important because if a smaller photo of yours is used or a few words out of an entire document is used this could fall under Fair Use depending on the site and the use. If someone were to take a paragraph of your work, or a site has copied your entire site or pictures, and they run a business profiting from your copyrighted work, then most likely its copyright infringement. It is usually very obvious when you see how your work is being used whether the content is being used under the Fair Use criteria or for profit.

Filing false DMCA takedowns is illegal, so it is best to work with professionals to ensure the request is correct. Our takedown team can help, submit our support for to ask for help here: Ask a Question.

Who can file DMCA Takedown Notices?

There are only two parties that are authorized to send a (DMCA) Takedown Notice, the original content owner or their authorized agent.

1. The owner of the content described in the takedown notice.
2. An authorized agent of the owner of the content described in the takedown notice.

Furthermore, if the owner of the content chooses an agent to act on their behalf to send the takedown notice, they must first legally state or swear:

1. They own the content contained in the takedown notice.
2. They have authorized the agent to act on their behalf.

Note: DMCA.com requires this sworn statement from every one of its paying Professionally Managed Clients. See example here: Takedown Notice Sign up form - in order to complete this form users must legally swear they are authorized to submit a takedown notice. DMCA.com has also added the same safety feature within its DIY program. There are specific statements within the DIY takedown notice regarding abuse of the service.

DMCA Takedown Testimonial

I cannot tell you how relieved I am to hear this message. I cannot express in words the feeling of relief. I cannot thank your organization enough for your assistance. I send both yourself and Paul my sincerest regards. -AL

Who usually files DMCA Takedown Notices?

1. content publishers or distributors (with permission of the content or copyright owners)
2. NFT owners
3. social media users and participants
4. content creators/owners
5. copyright owners
6. code writers and publishers
7. subject contained within the content and published without permission (special considerations may be required)

If the list above does not appear to describe your situation by all means ask. Click here to Ask us about your situation

How do I adhere to DMCA regulations when submitting a Takedown?

Three main pieces of information are needed to get started filing a DMCA Takedown Notice:

1. Infringing URL

Where on the internet is your stolen content located? What is the link that you want the content removed from? Be sure to provide the URL or website/webpage link of the content you want removed. If the stolen content is an image or video located on a website provide the direct link of the content contained in the site. Copy and paste the infringing text, or provide the URL of the infringing image if required.

An example link would look like: https://www.badguy_site.com/webpage/image_2

2. Source URL

Where was your content located when it was stolen? Was it on your social media profile? Was it from your own website? Provide the exact URL where it was stolen from, even if the content has already been removed from its original location. The original URL is still valuable to the notice. If it was not online you can reference cell phone, computer, or camera etc. If it was online such as a website or cloud storage provide the link to the exact page it was stolen from. You can upload the original content to a cloud storage service and provide that URL with an explanation of where it was originally stolen from.

An example link would look like: https://share.icloud.com/photos/my_original_content

3. Description of Ownership

What is the content owner's name and how was the content stolen? How is this content yours? How do you own it? Did you create it, buy it, copyright it? Who is claiming ownership of the content? Who is authorized to file the DMCA Takedown? When did you create the content and when was the content stolen?

An example description would look like: "My photo I took of myself on my camera was stolen from my Google Drive and was posted on this website without my knowledge and I would like it removed."

If you are unsure how to collect the information for these three categories the Professional Takedown Team at DMCA.com can help with the answers. Click here to ask us about your situation.

Related DMCA Takedown FAQ's

1. What is a DMCA Takedown?
2. What is a Fair Use?
3. How can I file a DMCA Takedown Notice?