Can I sue if my site is wrongly taken down?

Yes. Section 512(f) of the DMCA creates liability for “Any person who knowingly materially misrepresents under this section (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification.”

If you were harmed by an improper takedown, you may be able to sue the person or company who sent the takedown demand for DMCA misuse under Section 512(f), and recover damages and your attorneys’ fees. See EFF case Online Policy Group v. Diebold.

Posted in: Questions about the Digital Millennium Copyright Act (DMCA)

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