What is DMCA Law?

DMCA 17 USC 512 (c) (3) is a section of the US Copyright Act that lays out the requirements needed to make contact with an Online Service Provider for a "DMCA Takedown" process to take place.

DMCA 17 USC 512 (c) (3) is most commonly connected to a process known as a DMCA Takedown. If you need assistance with content removal from the internet we can help! Click here to start a DMCA Takedown Form

What is the DMCA 17 USC 512 (c) (3) Takedown process?

The DMCA Takedown request process is a well established and accepted internet standard followed by website owners and internet service providers everywhere. When content is removed from a website or internet platform at the request of the owner of the content. Any owner of content has the right to process a takedown notice against a website owner and/or an Online Service Provider (e.g. ISP, hosting company etc.) if the content owner's property is found online without their permission.

DMCA Takedown Fast Tip

If a website does not clearly state they follow DMCA you can still process a DMCA Takedown Notice to remove your stolen content. There can be many reasons a website does not reference the DMCA directly.

Who can file a DMCA 17 USC 512 (c) (3) takedown request?

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

If the lists above don't describe your situation, please ask! Click here to Ask a question!

What is needed to file a DMCA 17 USC 512 (c) (3) takedown request?

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

1. Infringing URL

Where on the internet (or platform like Facebook or TikTok) 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 you social media profile like Facebook or Reddit? Was it from your own website? Provide the exact URL where it was stolen from, even if the content has already been removed from it's 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 expalanation 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 sound 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.

DMCA Takedown Testimonial

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Is DMCA 17 USC 512 (c) (3) for the USA only?

While the DMCA is part of USA Copyright Law. The DMCA Takedown process described within the law is widely used throughout the world. Most countries accept the standard DMCA Takedown Notice form and process. Although the DMCA Takedown is part of US Copyright law, a DMCA Takedown Notice is often used and accepted throughout the world and not exclusive to the United States. However, many countries have their own copyright laws specifically related to the removal of content from internet service providers and site owners within their borders. Which service providers do and do not accept the standard DMCA takedown notice form and process is dynamic and constantly changing. DMCA.com professionals are aware of these constant changes and are able to convert the information submitted through the standard DMCA Takedown signup form to suit specific countries and/or service providers within the legal process they require.

What kind of websites process DMCA 17 USC 512 (c) (3) takedowns?

Infringing content is taken down from many different websites and platforms. Here is an example list where content is removed online:

1. by the by the ISP or Hosting company of the website that is publishing the infringing content. This occurs because the website owner has not voluntarily complied with a DMCA Notice and the ISP or Hosting company must comply with the Takedown notice.
2. by the website owner, upon receipt of a DMCA Takedown Notice from the website owner's ISP / Hosting company. This would occur when ISP / Hosting company receives a notice sent by or on behalf of the content owner, distributor, publisher etc.
3. by the website owner upon receipt of a DMCA Takedown Notice from the, or on behalf of, the content owner, distributor, publisher etc.
4. when an infringing website is taken down or taken "offline" by it's ISP or Hosting company. This occurs because the website owner does not voluntarily comply with a Takedown notice as described above.
5. from a UCG (User Generated Content) Platform (like Facebook and TikTok), upon receipt of a DMCA Takedown Notice sent by or on behalf of the infringed content owner, distributor, publisher etc.

These Takedown actions occur upon receipt of a DMCA request which uses stipulations laid out in the Digital Millennium Copyright Act. (DMCA). This Act directly addresses the takedown of (copyright) infringed content from a website which is publishing content in violation of copyright protection act or content being used without permission or not in accordance to the sworn statement of the content owner.There are many ways content may be removed but they process starts with a Takedown Notice.

What countries process DMCA 17 USC 512 (c) (3) takedowns?

Although the DMCA Takedown is part of US Copyright law, a DMCA Takedown Notice is often used and accepted throughout the world and not exclusive to the United States. Most countries accept the standard DMCA Takedown Notice form and process. However, many countries have their own copyright laws specifically related to the removal of content from internet service providers and site owners within their borders. Which service providers do and do not accept the standard DMCA takedown notice form and process is dynamic and constantly changing. DMCA.com professionals are aware of these constant changes and are able to convert the information submitted through the standard DMCA Takedown signup form to suit specific countries and/or service providers within the legal process they require.

See more informaton here:

US Government Legislation: https://www.copyright.gov/legislation/dmca.pdf

Wikipedia: https://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act

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