Dec 26, 2024
5 Effective DMCA Takedown Notice Templates for Fast Copyright Action
Imagine you’ve built your brand from the ground up. You’ve spent countless hours developing a unique style and honing your craft, and you’re finally starting to gain some well-deserved recognition. But then, you discover someone has stolen your work and is using it to promote their business. Not only does this situation feel awful, but it can also confuse customers and damage your hard-earned reputation. Thankfully, there are ways to address copyright infringement swiftly and effectively with brand protection strategies. This blog discusses DMCA takedown notice templates, which help you efficiently stop online copyright infringement and protect your brand.
Before using a DMCA template, you must find the copycat and determine where it is hosted. Bustem’s copycat detection tool simplifies this process so you can focus on your business.
Table of Contents
What is a DMCA Takedown Notice, and How Does It Work?
A copyright holder can use a DMCA takedown notice to request that their work be removed from a website or an online platform if it infringes on their copyright. The Digital Millennium Copyright Act, enacted in 1998, includes a provision that allows the copyright holder to send a letter to the offending party’s ISP or host instead of pursuing an immediate legal claim.
It is important to note that the work or content does not have to be registered with the U.S. Copyright Office for one to be able to submit a DMCA takedown notice. As long as it is your original content, you can successfully request that it be taken down if it is being used without your permission, as you hold the copyright to it from the moment of its creation in a tangible medium.
Before filing such a notice, you should determine if there is a copyright infringement and that the usage does not fall under the doctrine of fair use, which allows copyrighted content to be used and reproduced for purposes such as:
Research
Education
Parody
Comment
Criticism
In those cases, permission from the copyright owner is not required, and the doctrine could be used as a defense should you file a complaint.
How Does the DMCA Affect Webmasters and Online Service Providers?
The DMCA is interesting because it protects webmasters and online service providers from being held liable for copyright infringement by their users or third parties. Indeed, upon fulfilling certain predetermined conditions, the DMCA limits their monetary liability by offering them safe harbor under section 512 of the DMCA.
These safe harbor provisions were enacted to recognize the growth of the online world and encourage service providers to continue operating in this space. The entities must qualify as “service providers” according to the following definitions.
To benefit from these safe harbor provisions, entities must engage in one of the following activities:
Transitory Digital Network Communications: Internet service providers or telecommunications companies must provide data transmission services, routing services, or connections for digital online communications at a user's or customer's request without modifying the communicated content.
Definition of Service Providers
A provider of online services or network access or the operator of facilities includes:
System Caching: Storage of information on systems or networks at the direction of users (e.g., web hosting).
Information Location Tools: Tools like search engines and online directories.
Liability Protection Under Section 512
Services providers complying with section 512:
Are not liable for monetary damages from copyright infringement by users.
Are only subject to limited injunctive relief.
Eligibility Conditions Under Section 512(i)
To qualify, providers must:
Terminate Repeat Infringers: Have a policy to terminate accounts of repeat infringers and inform users about the policy.
Accommodate Technical Measures: Allow and do not interfere with “standard technical measures.”
Safe Harbor Actions
To benefit from safe harbor under section 512 (b), (c), or (d), providers must:
Take prompt action upon receiving a DMCA takedown notice or having “actual knowledge” of infringement.
Remove infringing content quickly and notify the user whose content was removed.
Importance of Prompt Copyright Infringement Response
If they fail to do so, they may not be able to benefit from these safe harbor provisions. You can conclude from the above that service providers must have strong processes and measures in place to promptly address copyright infringement complaints, which is why you will often see on websites a section that is dedicated to copyright and that includes detailed contact information for its designated DMCA agents, who are in charge of receiving and processing those takedown requests.
Limitations of Liability for Online Platforms
These limitations of liability make sense, considering that many platforms operate by sharing user-generated content or by solely hosting such content without having any absolute control or oversight over it due to its sheer volume. It would be unfair for a company to be held liable for a violation committed by one of its users as, most of the time, these service providers are simply acting as intermediaries.
Does the DMCA Work Outside the USA?
Legally, no, as it is American legislation, and the content needs to be located or hosted in the United States to be subject to the DMCA. Nevertheless, most international service providers will consider such takedown requests and remove the infringing content even if they are not legally obliged.
This is especially true if you, as the copyright holder, are located in the United States and the country where the infringing website is hosted is a member of the World Intellectual Property Organization (WIPO).
Who Can Send DMCA Takedowns?
DMCA takedown requests can only be sent by two people:
The copyright owner
An authorized agent of the copyright owner
As the copyright owner, you do not necessarily have to call on the services of a copyright lawyer to help you prepare and send a takedown notice, as there are some tremendous, easy-to-use solutions online that can help you generate a complete DMCA takedown notice in just a few minutes.
You could also use an authorized agent to act on your behalf to maintain some of your privacy. In this case, you must confirm that the content is yours and authorize the third party you selected to act as your representative. You will also have to submit a takedown notice on your behalf.
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How To Write a DMCA Takedown Notice
Start your DMCA takedown notice by securing your or an authorized representative's signature. This component carries immense weight, as it verifies the legitimacy of the takedown notice.
A DMCA takedown notice is a legal document whose author must be identified. The signature can be physical or electronic. Whoever signs the notice should also determine whether they are the copyright owner or agent of the owner.
Identify the Work Infringed
Next, identify the copyrighted work or works infringed. You don't need to identify every work if multiple copyrighted works are infringed on a single online site. Instead, you can use a representative list of such works being infringed on the site.
The work can be identified by title, or, if more practical, you may provide a link to a website or other location where it is legally displayed. Some copyright owners attach a copy of the copyrighted work or a copy of the registration form, but neither is necessary, despite what some service providers may say they require.
Identify the Infringing Activity and Its Location on the Site
You should also clearly identify the infringing activity and provide sufficient information to permit the service provider to locate it on its site. Typically, notice senders give the web address (URL) indicating where the infringing activity is available.
To assist in the removal, a copy of the infringing material or the web page where it is located can also be attached.
Provide Your Contact Information
A proper DMCA takedown notice should contain the notice sender’s contact information. This information should include the notice sender’s email address. An address and/or telephone number may also be included.
Include a Statement of Good Faith Belief
In the DMCA takedown notice, include a statement that the notice sender has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
Include a Statement of Accuracy
The DMCA takedown notice should include a statement that the information in the takedown notice is accurate. Under penalty of perjury, the notice sender is authorized to act on behalf of the copyright owner. Providing false information and making a false claim is punishable under federal law, and those making false notices can be sued and held civilly liable.
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DMCA Takedown Notice Templates for US & Canadian Sites
When someone infringes on your copyright by using your work without permission, it can feel like a weight has been dropped on you. You want to remove the offending material as soon as possible. The first step is filing a DMCA takedown notice, also known as a request. Nevertheless, one vital thing to do is use the correct template for the jurisdiction.
Not all DMCA takedown notices are the same. There are distinct differences between DMCA notices for U.S. and Canadian sites. Understanding the differences can help you comply with the legal requirements for each jurisdiction and ensure that your notice is adequate. Templates simplify the process and help you meet all legal requirements. If you need to file a DMCA takedown notice, you can find samples of each below.
The Basics of DMCA Takedown Notices for U.S. Websites
The Digital Millennium Copyright Act, or DMCA, is a U.S. copyright law that helps protect copyright owners from online infringement. You can file a DMCA takedown notice if someone uses your copyrighted material without permission on a U.S.-based website.
This formal request notifies the site’s owner or hosts that they are violating your copyright and asks them to remove the offending material. A DMCA takedown notice can be filed for any online platform, including social media sites, blogs, and forums.
DMCA Takedown Notices for Canadian Websites
In Canada, copyright infringement is addressed under the Copyright Act. In December 2012, the act was amended to include “notice-and-notice” provisions to help copyright owners remove infringing material hosted on websites. The process is similar to a DMCA takedown notice, but key differences exist.
Instead of a DMCA takedown notice, the template you’d use for a Canadian website is called a “notice and notice” provision. The other significant difference is that the website owner does not immediately remove the infringing material upon receiving your notice.
They must notify the person who posted the material and give them your contact information. This allows them to respond or settle the matter before the website owner takes action.
DMCA Takedown Notice Template for U.S. Websites
Using the template below will help you organize your thoughts and ensure you include all the necessary information to comply with DMCA requirements.
Template 1
Subject: Copyright Infringement Notice**
To whom it may concern:
Under section 512(c) of the Digital Millennium Copyright Act, this is a notice that your website service is hosting material that infringes my copyright. As a service provider, you must “expeditiously remove or disable access to” the infringing material.
Template 2
Work(s): [Title(s)]
Location(s): [List all URLs]
File/Excerpt Name: [List all file names, If applicable]
Infringing poster: [Name/profile name/account/any other identifying information if available]
I am the author and the copyright owner of the work(s) listed above. This/these work(s) has/have been posted to your service without my permission. Note that if your copyright-protected content has been inserted into a more extensive work, you must identify the parts of the work(s) you own copyright.
Template 3
Claimant name: [Your name]
Contact information: [Business address, email, & phone number]
I, the copyright owner, my agent, and the operation of law do not authorize the use of the material on the service.
Under penalty of perjury, under the laws of the United States of America, I declare that this notification is true and accurate and that I am either the copyright owner or authorized by the copyright owner, its agent, or by operation of law.
Please contact me at the email listed above indicating your prompt response.
Signed,
[Electronic or physical signature]
Template 4
Name
Date
DMCA Takedown Notice Template for Canadian Websites
Using the template below will help you organize your thoughts and ensure you include all the necessary information to comply with Canadian notice-and-notice requirements.
Subject: Copyright Infringement Notice
To whom it may concern:
Under section 41.25 of Canada’s Copyright Act, this is a notice that your website service is hosting material that infringes copyright. You are required by section 41.26(1) of the Copyright Act to:
(a) As soon as feasible, forward the notice electronically to the person to whom the electronic location identified by the location data specified in the notice belongs and inform the claimant of its forwarding or, if applicable, of the reason why it was not possible to forward it; and
(b) Retain records that will allow the identity of the person to whom the electronic location belongs to be determined, and do so for six months beginning on the day on which the notice of claimed infringement is received or, if the claimant commences proceedings relating to the claimed infringement and so notifies the person before the end of those six months, for one year after the day on which the person receives the notice of claimed infringement.
Template 5
Work(s): [Title(s)]
Location(s): [List all URLs]
File/Excerpt Name: [List all file names, If applicable]
Date and time of infringement: [Date infringement was found and viewed; note also if “ongoing”]
Infringing poster: [Name/profile name/account/any other identifying information if available]
I am the author and the copyright owner of the work(s) listed above. This/these work(s) has/have been posted to your service without my permission. Note that if your copyright-protected content has been inserted into a more extensive work, you must identify the parts of the work(s) you own copyright.
Claimant name: [Your name]
Contact information: [Business address, email, & phone number]
Please contact me at the email listed above indicating your prompt response.
Name
Date
What to Do If You Receive a DMCA Counter Notice
When you submit a DMCA takedown notice, you aren’t the only one that takes action. The recipient of your DMCA notice—the individual or entity who posted or shared the “stolen” content—can respond. They can submit a DMCA counter-notice if they believe they did not infringe on your copyright.
A DMCA counter-notice is a formal request to restore the removed content. If you receive a DMCA counter-notice, the offending party believes your takedown request was unwarranted, and they want their content back.
What Happens After Someone Files a DMCA Counter-Notice?
Once the service provider receives a valid DMCA counter notice, they must wait 10 to 14 days before allowing the copyright owner to take further action. According to the Copyright Alliance: “Once the service provider has received a valid DMCA counter notice, they must wait 10-14 days.
The material will remain down if the copyright owner sues the alleged infringer in that time. Still, if no suit is filed, the service provider must re-activate or allow access to the alleged infringing activity.” You have two weeks to decide whether to sue if you receive a counter-notice.
If you don’t, the content will likely be reinstated on the site it was on. Unfortunately, a counternotice generally requires you to escalate to a more official avenue, usually requiring legal action to ensure the removal of the offending content.
DMCA Counter-Notice Response Templates
Here are a few templates you can use if you receive a DMCA takedown notice and believe you have good legal standing to prove that the content isn’t infringing on copyright laws.
For Reddit:
Below is a template for a DMCA counter-notice that you can use if you believe that your content on Reddit was removed or disabled due to an error or misidentification. Before submitting a counter-notice, ensure that you fully understand your rights and obligations under the DMCA. It's often wise to consult an attorney if you're unsure about the process or your rights.
[Your Full Legal Name]
[Your Address]
[City, State, Zip]
[Email Address]
[Phone Number]
[Date]
Reddit, Inc.
Attn: DMCA Designated Agent
548 Market St #16093
San Francisco, CA 94104
Email: copyright@reddit.com
Subject: DMCA Counter-Notice
Dear Reddit DMCA Designated Agent,
I, [Your Full Name], am writing to provide a formal counter-notice in response to your notification of alleged infringement regarding my content on Reddit. I believe my content was removed or disabled due to a mistake or misidentification of the material. I am providing this counter-notice in good faith and with the understanding that, under Section 512(f) of the DMCA, I may be liable for any damages if I have knowingly materially misrepresented that the material was removed or disabled by mistake or misidentification.
Identification of Material Removed or Disabled: Please describe the material that was removed or disabled and the location at which the material appeared before it was removed or disabled.
Description of material: [Provide a detailed description of the material that was removed or disabled.]
Location of material: [Provide the URL or other identifying location of the material on Reddit before it was removed or disabled.]
Your Contact Information
Full Name: [Your Full Name]
Address: [Your Address]
City, State, Zip: [Your City, State, Zip]
Phone Number: [Your Phone Number]
Email Address: [Your Email Address]
Consent to Jurisdiction: I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located, or if my address is outside the United States, for any judicial district in which Reddit may be found, and I will accept service of process from the person who provided the DMCA notification or an agent of such person.
Statement of Good Faith: I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
Your Signature
[Your Full Name]
As the DMCA outlines, I request that Reddit restore the material within 10 to 14 business days.
Thank you for your attention to this matter.
Sincerely,
[Your Signature (if submitting a hard copy)]
[Your Printed Full Name]
For YouTube:
[Your Full Legal Name]
[Your Address]
[City, State, Zip]
[Email Address]
[Phone Number]
[Date]
Counter Notification – DMCA
YouTube, LLC
901 Cherry Ave.
San Bruno, CA 94066
USA
Subject: DMCA Counter-Notification
Dear YouTube DMCA Compliance Team,
I, [Your Full Name], am writing to provide a formal counter-notification in response to your notification of an alleged infringement regarding my content on YouTube. I believe my content was removed or disabled due to a mistake or misidentification of the material. I am providing this counter-notification in good faith and with the understanding that, under Section 512(f) of the DMCA, I may be liable for any damages if I have knowingly materially misrepresented that the material was removed or disabled by mistake or misidentification.
Identification of Material Removed or Disabled: Please describe the material that was removed or disabled and the location (URL) at which the material appeared before it was removed or disabled.
Description of material: [Provide a detailed description of the material that was removed or disabled.]
URL of material: [Provide the URL where the material was located on YouTube before it was removed or disabled.]
Your Contact Information
Full Name: [Your Full Name]
Address: [Your Address]
City, State, Zip: [Your City, State, Zip]
Phone Number: [Your Phone Number]
Email Address: [Your Email Address]
Consent to Jurisdiction: I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located, or if my address is outside the United States, for any judicial district in which YouTube may be found, and I will accept service of process from the person who provided the DMCA notification or an agent of such person.
Statement of Good Faith: I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
Signature
[Your Full Name]
As the DMCA outlines, I request that YouTube restore the material in question within 10 to 14 business days.
Thank you for your attention to this matter.
Sincerely,
[Your Signature (if submitting a hard copy)]
[Your Printed Full Name]
For Google:
[Your Full Legal Name]
[Your Address]
[City, State, Zip]
[Email Address]
[Phone Number]
[Date]
Google LLC
Attn: DMCA Counter-Notifications
1600 Amphitheatre Parkway
Mountain View, CA 94043
USA
Email: copyright@google.com
Subject: DMCA Counter-Notification
Dear Google DMCA Compliance Team,
I, [Your Full Name], am writing to provide a formal counter-notification in response to your notification of an alleged infringement regarding my content on Google's services. I believe my content was removed or disabled due to a mistake or misidentification of the material. I am providing this counter-notification in good faith and with the understanding that, under Section 512(f) of the DMCA, I may be liable for any damages if I have knowingly materially misrepresented that the material was removed or disabled by mistake or misidentification.
Identification of Material Removed or Disabled: Please describe the material that was removed or disabled and the location (URL) at which the material appeared before it was removed or disabled.
Description of material: [Provide a detailed description of the material that was removed or disabled.]
URL of material: [Provide the URL where the material was located on Google's service before it was removed or disabled.]
Your Contact Information
Full Name: [Your Full Name]
Address: [Your Address]
City, State, Zip: [Your City, State, Zip]
Phone Number: [Your Phone Number]
Email Address: [Your Email Address]
Consent to Jurisdiction: I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside the United States, for any judicial district in which Google may be found. I will accept service of process from the person who provided the DMCA notification or an agent of such person.
Statement of Good Faith: I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
Signature
[Your Full Name]
As the DMCA outlines, I request that Google restore the material within 10 to 14 business days.
Thank you for your attention to this matter.
Sincerely,
[Your Signature (if submitting a hard copy)]
[Your Printed Full Name]
Find and Take Down Copycats with One-click Today
The e-commerce industry is incredibly competitive. If you're like most online merchants, you spend a lot of time and energy making your store stand out from the competition. But what happens when a copycat uses your hard-earned content to steal your customers? Bustem helps you eliminate these thieves so you can focus on building your brand instead of protecting it from lookalikes.
Copycats and Content Theft: What’s the Big Deal?
Business competitors using your original content to sell the same products as you can undermine your brand's reputation and cost you sales. A report by the Digital Media Association revealed that businesses lose $29 billion annually due to content theft. When you allow copycats to operate, you risk losing your search ranking to these thieves.
Their websites appear above yours on Google, and customers may even mistake them for your store. Bustem helps you eliminate these thieves so you can focus on building your brand instead of protecting it from lookalikes.
How the Bustem Scanning Tool Works
Bustem’s powerful scanning tool automatically searches the Internet for unauthorized uses of your store's content. We detect copies of product descriptions, images, ad content, blog posts, and more. Our software scans billions of websites, so you can rest assured that we’ll uncover even the most well-hidden copycats.
Swift and Simple DMCA Takedowns with Bustem
Once our system identifies copycats, Bustem streamlines the entire DMCA takedown process. We generate pre-filled DMCA notice templates to help you draft your takedown request. Next, we provide comprehensive case management to keep your takedown organized and on track. Our team will monitor the case and alert you when the copycat responds.
Continuous Monitoring for E-Commerce Stores
The copycat detection process doesn’t just stop once you eliminate your first thief. With Bustem, you can enjoy 24/7 monitoring to protect your brand continuously. Our system can detect new instances of content theft almost instantly, so you can address them immediately before they cause further damage to your business.
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