Dec 31, 2024
How to File a DMCA Claim & Safeguard Your Content from Copycats
Imagine pouring your heart and soul into a creative project or piece of intellectual property, only to discover that someone has stolen it and is using it as their own. This scenario happens frequently online and can happen to anyone, from individuals to large corporations. Besides the emotional toll, the financial repercussions of this kind of theft can be devastating. Fortunately, if you find yourself in this situation, you can file a DMCA claim to help you regain control of your content, protect your reputation, and minimize the impact of this theft on your brand. This article will walk you through the ins and outs of filing a DMCA claim so you can effectively protect your intellectual property and take proactive steps of brand protection strategies to prevent unauthorized use of your content.
Before we jump into the particulars of filing a DMCA claim, let's take a second to talk about Bustle's copycat detection tool. This user-friendly tool can help you achieve your goals by finding unauthorized copies of your content across the web so you can take action and protect your brand.
Table of Contents
What is a DMCA Claim or Takedown Notice?
A DMCA claim, or a DMCA takedown notice, is a complaint made if someone suspects a website of copyright infringement. The Digital Millennium Copyright Act (DMCA) is a set of laws that protect copyrighted content on all digital mediums. Enacted in 1998, the DMCA implemented treaties signed in 1996 by the World Intellectual Property Organization (WIPO) Geneva Convention.
How the DMCA Protects Photographers: ISP Liability and Infringement Notice Procedures
The treaties address issues that directly affect photographers. The DMCA says that, while an Internet Service Provider (ISP) is not liable for displaying information that infringes a copyright, the ISP must remove the material from its users’ websites if it receives proper notice. A DMCA claim requires that hosting providers remove or disable access to any potentially infringing websites upon receipt of an infringement claim.
To take advantage of this DMCA regulation, your copyright must not be registered with the U.S. Copyright Office. The DMCA’s overall goal is to address online copyright infringement in a way that balances the interests of:
Copyright owners
Online service providers
Internet users
How to Write a DMCA Takedown Notice
When someone infringes on your copyright, you can send them a DMCA takedown notice to request the removal of infringing content. You can also send a DMCA notice to their web host or Internet Service Provider (ISP) to have the material removed more quickly. DMCA takedown notices include key information to identify the infringing material and the original copyrighted work. The more detailed you are, the better.
Crafting an Effective DMCA Takedown Notice: Key Components and Best Practices
This will help the recipient of your takedown notice understand your complaint and remove the content more quickly. Here are the main components of a DMCA takedown notice:
Identification of the copyrighted work. Clearly describe the original copyrighted work that has been infringed upon. Include a link to the original work or attach a copy to your notice—identifying the infringing material.
Describe the infringing material. Again, include a link to the content to help the recipient locate it more quickly.
A statement of good faith belief. In your own words, include a statement explaining your good faith belief that using the copyrighted material is unauthorized and infringes upon your rights.
A statement of accuracy. Include a statement declaring that the information in the notice is accurate and that you are the copyright owner (or duly authorized to act on behalf of the copyright owner).
A DMCA claim does not have to be filed by the actual copyright owner. An authorized agent can file one on behalf of the owner.
Responsibilities of Platforms Receiving DMCA Notices
When a DMCA notice is received, the platform must investigate the claim. If the claim appears legitimate, the platform should remove the infringing content immediately to avoid penalties. The DMCA also allows for a counter notice to be filed if the user believes the takedown was in error. If a counter-notice is filed, the platform must notify the original complainant and wait for instructions before further action.
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How to File a DMCA Claim
If someone uses your copyrighted works on their website, you should immediately file a valid DMCA claim. It's crucial that your DMCA complaint has all the necessary information and is written correctly. Otherwise, it is invalid, and a website can simply disregard your DMCA violation report.
Takedown Notice Essentials: What To Include
A physical or electronic signature of the person who owns the copyright or a person authorized to act on behalf of the owner.
Identify the work or works you are claiming infringement upon and a list of all the works.
The location and identification of the material that you want removed.
The address, telephone number, and email address can contact you.
A statement that says you have a good faith belief that the use of the material in the way it is being used has not been authorized by the copyright owner, its agent, or the law.
A statement that the information in your notice is correct and that you are either the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Analyze Your Situation Before You Send a DMCA Takedown Notice
Before you send a DMCA takedown notice, you need to make sure that:
You own the copyright or have the right to assert infringement of a copyright you license.
Laws such as Fair Use or free speech do not cover supposed infringement.
The content is capable of being infringed online and is in a digital form such as:
Text: TXT, RTF, DOC, DOCx, PDF, PPT, PAGES
Images, pictures, and photos: BMP, EPS, SVG, JPG, JPEG, GIF, PNG, PSD, RAW, TIFF
Video: MPG, AVI, RM, MOV, Quicktime, Windows Media Player, RealPlayer
Music and audio: AIF, AU, MP3, MP4, MID, WAV
Images found on Facebook, Tumblr, Pinterest, Flickr, Instagram
Once you have ensured that the copyright is being infringed upon and you have all the information you need to fill out your DMCA violation report correctly, you need to follow precise steps to file a DMCA takedown notice correctly.
Locate the Right Person
If you find your content on another website, it can be challenging to find out who the hosting company is. If you send the notice to an Internet Service Provider (ISP), there’s usually an email or form on their site. You might need to hunt. There is no consistent location. Some popular places are under Copyright or in their Terms and Conditions. Finding the right ISP should be easy if the offending page is on a hosted blog like LiveJournal, Wordpress, or Blogger. If you can't find the DMCA contact on the website, you can search the U.S. Copyright Office list of DMCA agents. If that has not been updated recently, you can look at the website Who Is.
Look for Online DMCA Takedown Forms
Some websites have specific online forms for DMCA takedown requests. Using this form as your first point of contact is best since it will probably give you a quicker response. Most large websites, especially search engines, use forms to send issues to specific departments to be dealt with.
Send Notice to DMCA Agent
If no online form is provided, you must send your notice to the designated DMCA agent in exactly the way that they request. Some agents do not want requests by email and instead prefer to have them faxed or sent by registered mail.
Sample DMCA Takedown Notice
To Whom It May Concern,
The following information is to assert my rights and request the removal of allegedly infringing web content under the Digital Millennium Copyright Act (DMCA). I am contacting you as the agent for the site where the infringing content currently appears. This is a Notice of Infringement as authorized in §512(c) of the U.S. Copyright Law.
I am the copyright owner of the content, and the following information is true and accurate.
The original work, for which I own the copyright, appears, with my permission, at the following locations online:
List the URLs where your original work appears and is authorized.
I have attached copies of my original copyright work to help with your evaluation and decision-making process.
The allegedly infringing work can be found in the following locations online:
List the URLs where the infringing work is currently located.My contact details are as follows:
List all contact details, including your address, preferred phone number, and email address.The contact details of the alleged infringer are:
List any contact details on the U.S. Copyright Office website or Who Is.
I believe that using the above-copyrighted works that appear on the website for which you are the DMCA agent is not authorized by the copyright owner, its agent, or by law.
Under penalty of perjury, I declare that this notice is accurate and correct and that I am the copyright owner entitled to exclusive rights that I believe are being infringed.
Signed this ________ day of ___________, 20_____ in (Your City, State, Country).
(Your Signature or eSignature)
— — — — — — — — — — — — — — —
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How to Protect Against Copyright Claims
The DMCA’s “safe harbor” provisions can protect you from liability for copyright infringement claims made by your website’s users. Under the DMCA, if you have an adequate “notice-and-takedown” procedure and a user on your site infringes a copyright, you won't be liable for money damages if you receive a notice of infringement and act quickly to remove the infringing content.
Avoiding Liability for Linking to Infringing Copyright Material
Another safe harbor provision states that an online service provider will not be held liable for money damages “for infringement of copyright because of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link.” If you link to websites containing infringing copyright materials but don’t know they were infringing, you are not liable for copyright infringement.
Protecting Yourself From User-Posted Infringing Material
Another safe harbor provision covers material posted to a blog or website by a user in your comment section or on a forum thread. This could be a:
Photograph
Film clip
Audio file
This safe harbor provision states that, as the administrator of a website, you are not liable for monetary damages for infringing content posted “at the direction of a user,” as long as you:
Do not know that there is infringing content on your servers.
You will not receive any financial benefit from the infringing activity if you can control it.
You act quickly to remove the infringing material once you become aware that the material is infringing copyright.
Requirements for Safe Harbor Protection
1. Designate a Copyright Agent to Receive DMCA Takedown Notices
You have to designate an agent. You can be the agent, or you can choose someone you trust. This is an official procedure, and you need to file an Interim Designation with the United States Copyright Office and pay a $105 filing fee.
2. Communicate Your Copyright Infringement Policy to Users
To qualify for safe harbor protections, you need to publish a statement on your website notifying all site users of your DMCA agent’s contact information and policies about copyright infringement. The notice can be part of the website’s Terms and Conditions or elsewhere, but it has to be prominently displayed. It only has to be a short statement explaining how you respond to notices of copyright infringement if you have a specific way you want DMCA claims to be formatted and how you wish to receive them, you should be clear in this statement.
Not All Cease-and-Desist Letters Are DMCA Takedown Notices
The DMCA safe-harbor provisions only apply to copyright infringement. They do not apply to:
Trademark infringement
Defamation
Claims for the use of trade secrets
This means you cannot shield yourself from liability by removing those other types of content once you’ve published them online. Websites get cease-and-desist letters based on non-copyright claims quite often. Do not assume that every letter you get is a DMCA takedown notice. Read the letter carefully and consider your next steps based on the requested information.
Find and Take Down Copycats with One-click Today
In the e-commerce industry, theft is a serious problem—especially for online business owners who rely on their brand’s unique identity to remain competitive. Every day, copycat websites steal content from e-commerce stores and use it to their own advantage. This hurts the original store’s SEO rankings and sales while helping the copycat site. Bustem is a powerful tool that allows e-commerce businesses to detect and remove copycat websites stealing their content.
How Bustem Protects Your Brand
Bustem is a copycat detection and removal tool for e-commerce business owners. The platform automatically scans billions of websites to identify unauthorized use of your store’s content, including:
Images
Videos
Headlines
Text
Once Bustem spots a copycat, it streamlines the entire takedown process with pre-filled DMCA forms and comprehensive case management to help you protect your brand assets.
The Importance of DMCA Claims for E-commerce Brands
A DMCA claim allows brand owners to report copyright infringement and have it removed quickly. When online thieves copy content from your e-commerce store, they steal your hard work and hurt your business. A DMCA claim can help you stop the theft and remove the copycat content from the web so you can restore your store’s SEO and sales.
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