What are the rules for filing a DMCA notification?

In order to have an allegedly infringing website removed from a service provider’s network, or have access to an allegedly infringing website disabled, the copyright owner must provide notice to the service provider with the following information:

  • The name, address, and physical or electronic signature of the complaining party [512(c)(3)(A)(i)]
  • Identification of the infringing materials and their Internet location     [512(c)(3)(A)(ii-iii)], or if the service provider is an “information location tool” such as a search engine, the reference or link to the infringing materials      [512(d)(3)].
  • A statement by the copyright holder of a good faith belief that there is no legal basis for the use complained of [512(c)(3)(A)(v)].
  • A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the copyright holder [512(c)(3)(A)(vi)].
  • A service provider is not required to respond to a DMCA notice that does not contain substantially all of these elements.

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

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