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The expansion of the Internet relies on the continuous stream of new content generated every day. This content all varies in type and function, but only some of it is original. Copied content, whether on a website or posted on social media, violates the copyright of its original creator. There now exist copyright laws that were designed to specifically protect your intellectual property from this type of theft. If you have seen your original content replicated on other websites or social media, then you will need to initiate a DMCA takedown.
DMCA, or the Digital Millennium Copyright Act, is a copyright law in the US that focuses specifically on digital media. The DMCA was enacted in 1998 by the Clinton office as an amendment to the then-United States Copyright Act. This was done as part of two international treaties signed by the World Intellectual Property Organization (WIPO) to regulate intellectual property rights in the country. Essentially, the DMCA was created to extend intellectual property rights to the rapidly-expanding online world, and the DMCA can be used to protect your original work from digital theft.
Under this law, creators of digital content can remove any piece of their content– video, article, e-book, poetry, lyrics, audiofile, artwork, photo, software, etcetera– that has been copied and posted without their permission. The law also ensures that the removal process is quick and efficient, and it extends to web hostings, search engines, and Internet Service Providers (ISPs).
If you are a victim of digital copyright infringement, you can file for the removal of your content by issuing a DMCA notice to the party or ISP that is displaying the stolen content. Once this notice is issued, the notified party must remove the content from their website or social media platform. This law has made the takedown process quick and efficient, but you may still encounter issues and confusion when filing if you are not thoroughly knowledgeable in all of the elements of a DMCA takedown notice. If a notice is filed without addressing each and every aspect necessary, then it may be difficult or impossible to get the content taken down at all. Luther Law can help you issue a DMCA notice and take down your stolen content from third-party websites or social media by ensuring all of the guidelines are followed and that all of the essential elements are included in the notice. These many elements include:
- Infringement identification. The infringed content must be identified. In cases where multiple works are being infringed upon, the firm individually identifies and includes them in the DMCA takedown notice.
- Location specification. After identifying the infringed content, the firm clearly specifies the location that the content is being displayed. The location is the website URL, which will direct back to the infringing third-party or ISP.
- “Good Faith” belief: Luther Law always includes a written statement to address good faith belief within the notice that demonstrates that you, as the owner of the copyrighted work, believe that it is not authorized for use by any other party other than yourself.
- Accuracy of statements: The firm also always includes a written statement that affirms the accuracy of all of the information given in the DMCA notice. Making false allegations or presenting false information are both considered offenses punishable under the law. Luther Law ensures the accuracy of all stated information so you do not face any potential civil liability.
- Signature: Luther Law always ensures that you (or whoever is authorized to act on your behalf) signs, whether physically or electronically, the DMCA notice prior to sending it to the infringing party. This measure shows the recipient to take it seriously, and they typically do.
Choosing the services of a law professional over filing a DMCA notice yourself will often prove to be the most effective and efficient decision. The Luther Law Firm has extensive experience with DMCA takedown cases and can help remove your stolen content as promptly as possible.