A detailed overview of the DMCA takedown process
The DMCA and its purpose
In 1998, the Digital Millennium Copyright Act (DMCA) was established by the United States Congress to modernize the country's copyright laws in the digital era. The DMCA was a response to the development of e-commerce websites and the need to fulfill the nation's treaty obligations regarding copyright law. The purpose of the DMCA is to prevent widespread piracy of creative works, such as videos, photographs, graphics, and technology, on the internet.
The Act
DMCA 17 USC 512 (c) (3) is a section of the US Copyright Act that outlines the requirements for the "DMCA Takedown" process to take place. DMCA Takedowns are a "notice-and-takedown" process that requires OSPs and ISPs to remove access to alleged infringing material upon receipt of a valid DMCA notice from a copyright owner. Failure to comply with the DMCA Takedown Notice puts the OSP/ISP at risk of losing their statutory immunity or "Safe Harbor" protection under the Act.
The Law
The DMCA addresses the role of Online Service Providers (OSP) and Internet Service Providers (ISP) in responding to reported copyright infringement through the use of their services. To avoid liability for any copyright infringement, ISPs and OSPs must block access or remove the infringing content upon receipt of a DMCA notice from a copyright owner.
DMCA takedown process
Once the alleged infringing content is removed, the infringing party has the option to file a Counter Claim in response, stating under penalty of perjury that the DMCA Notice is false. The OSP/ISP must wait 10-14 days after receiving a valid DMCA Counter Claim before reactivating or allowing access to the claimed infringing content. The claimant who filed the DMCA Takedown Notice must then file a court order against the infringing site owner and the OSP/ISP if they wish to keep the infringing content offline.
DMCA takedowns and copyright protection
The DMCA Takedown process is a critical tool for copyright holders to protect their creative works in the digital age. It is important for OSPs and ISPs to comply with DMCA Takedown Notices to avoid losing their statutory immunity and legal protection under the Act. The DMCA also ensures international copyright protection for copyright holders in other countries.
DMCA Takedown Options
DMCA.com has two main options to file your takedown request
1. Professionally Managed Takedowns
The DMCA.com takedown professions handle all the necessary tasks, including research, contacting the website owner and ISP, and sending the takedown notice. To get started, all that is needed is the Infringing (URL), Source (URL), and specific copyright infringement details. The takedown team will take care of the entire process, tracking it until the takedown is successfully completed. The cost for this service is $199.00 per infringing website, which covers up to 25 infringing URLs from the same site.
Start your Professionally Managed Takedown using the DMCA.com Takedown Form
2. Protection Pro Toolkit Do-it-Yourself Takedowns
This option is designed for webmasters and internet professionals. DMCA.com provides all the necessary tools and templates to complete the takedown notice, but you are responsible for conducting the site research, tracking, and emailing. The cost to access the tools and templates is $10 per month or $100 per year. This service providers everything needed to conduct an unlimited number of self managed takedowns.
Start your DMCA.com Do-it-Yourself Takedown: DMCA.com Takedown Toolkit
Thia site protected by
0 comments: