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Sample DMCA Takedown Notice

with 5 comments

By Scott Bourne

The DMCA (Digital Millenium Copyright Act) authorizes you to contact Internet service providers which host websites run by Copyright infringers and to demand action against the infringer.

This is a sample of the form I use. I am merely providing it as information only. Feel free to use it, but do so at your own risk. It’s important to understand the limitations provided by copying my form. A form, by its very nature, is previously written, usually to address a typical situation. Unfortunately, in law there are few typical situations. The use of this form should not be viewed as a replacement for competent legal advise adapted to your particular situation. Scott Bourne, Skip Cohen and GoingPro2010.com personally accept no liability if you do use this or a modified version of this DMCA notice. (Sorry, we have to make the lawyers happy.)

__________________________________

DMCA Takedown Notice:

TO: Name of hosting company where infringer hosts his/her site

FM: Your full contact info

RE: Copyright Claim

To the ISP Hosting Company NAME:

I am the copyright owner of the photographs being infringed at:

Place URL here

Copies of the photographs being infringed are included to assist with their removal from the infringing websites.

This letter is official notification under the provisions of Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) to effect removal of the above-reported infringements. [I request that you immediately issue a cancellation message as specified in RFC 1036 (If a USENET post) for the specified postings] [I request takedown of the identified pages (if website)] and prevent the infringer, who is identified by its web address, from posting the infringing photographs to your servers in the future. Please be advised that law requires you, as a service provider, to “expeditiously remove or disable access to” the infringing photographs upon receiving this notice. Noncompliance may result in a loss of immunity for liability under the DMCA.

I have a good faith belief that use of the material in the manner complained of here s not authorized by me, the copyright holder, or by law. The information provided here is accurate to the best of my knowledge. I swear under penalty of perjury that I am the copyright holder.

Please send me, at my aforementioned address, a prompt response indicating the actions you have taken to resolve this matter.

Sincerely,

Your Name (Physicially Signed)

Mailed via Certified Mail, Return Receipt Requested

____________________________________

Hopefully you won’t be infringed. But if you are, you need to consider protecting your property. The DMCA is but one tool. Registering your Copyrights with the Library of Congress is another. I’ll cover that in a future series of posts here on GoingPro2010.com.

Written by scottbourne

April 26, 2010 at 7:39 am

Posted in Business

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