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What is a DMCA notice?

On Behalf of | Jul 1, 2022 | Entertainment Law |

The acronym “DMCA” stands for Digital Millenial Copyright Act. Sometimes referred to as a DMCA takedown or notice, the purpose of the DMCA is to protect copyrighted material that may be infringed on the internet. 

Some of the types of copyrighted materials covered by a DMCA include songs, poetry, books, artwork and photos. If you find your copyrighted material used on a website or social media, you have the right to send a DMCA takedown notice to the administrator of the site.

Why would I need to send a DMCA takedown notice? 

Let’s say that you are browsing a popular social media site when you notice that someone has shared your photo. You are a professional photographer and all of your work is copyrighted, but this post does not credit you or list the copyright information. You now have the right to send a DMCA takedown notice to the person who posted it and to the administrator of the site.

What do I need to include on the DMCA notice?

Your DMCA takedown must contain the following information:

  • Location of your original copyrighted material
  • The URL where you found the infringement
  • Your contact information
  • A statement indicating that you did not give permission for your work to  be used on the site where you found it

You want to make it clear that you are sending the DMCA in good faith under penalty of perjury. You must sign the notice before sending it off.

You need to be aware that the DMCA is enforceable in the United States, but it is not recognized in foreign countries. If you have questions or need help constructing or sending out a DMCA takedown notice, you’ll need to seek assistance to make sure that you don’t miss any important details.