Overview[]
Pursuant to the Digital Millennium Copyright Act, to have allegedly infringing content removed from a web site, or to have access to an allegedly infringing content disabled, the copyright owner must provide a written notice (DMCA takedown notice) to the service provider with the following information:
- The name, address, and electronic signature of the complaining party (17 U.S.C. §512(c)(3)(A)(i));
- The infringing materials and their Internet location (Id. §512(c)(3)(A)(ii-iii)), or if the service provider is an "information location tool" such as a search engine, the reference or link to the allegedly infringing materials (Id. §512(d)(3)).
- Sufficient information to identify the copyrighted works (Id. §512(c)(3)(A)(iv)).
- A statement by the copyright owner that it has a good faith belief that there is no legal basis for the use of the materials complained of (Id. §512(c)(3)(A)(v)).
- A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner (Id. §512(c)(3)(A)(vi)).
Once notice is given to the service provider, or in circumstances where the service provider discovers the infringing material itself, it is required to expeditiously remove, or disable access to, the material.
The DMCA safe harbor provisions do not require the service provider to notify the individual responsible for the allegedly infringing material before it has been removed, but they do require notification after the material is removed.