ISP's are Internet Service Providers, also known as Web Hosting Companies. If you have written to the webmaster of an infringing website and had no joy, then the next thing to do is to write to the Web Hosting Company.
Once they have been made aware of copyright infringement or breach of material on their servers, they are under an obligation to under DMCA regulations, remove the stolen content from their system, or face expensive litigation through the courts.
The DMCA Takedown Request should be done in writing (usually by email). The contact details of the hosting company can be found through looking at the WHOIS database.
Reference - DMCA Content Removal Request
Infringed Website - www.YourWebsiteURL.com
The following information is presented for the purposes of removing web content from your servers that infringes on our copyright as per Section 512(c) of the Digital Millennium Copyright Act (”DMCA”). Our website is www.YourWebsiteURL.com and the infringed pages all carry a copyright notification in the footer. The website causing the copyright breach is hosted by you and is http://www.verynaughtyman.com
The copyrighted content listed below consists of pictures/text/code/graphics/video all taken from our web pages. We have kept on file printed copies of the pages listed below as well as other instances of copyright fraud that we found throughout the offenders website.
The list below contains the most flagrant examples of copyright theft and is by no means a complete list of the alleged violations found on the offending website. The owner of the website is responsible for removing all instances of copyright breach.
The website owner should realise that making a few simple changes to the headings, text and design will not be enough to mitigate DMCA proceedings. All copyright protected content must be removed, even if this means complete removal of the website from your system.
You, the hosting company, and website owner should also be aware that if you consider that the website is beyond the jurisdiction of the DMCA regulations, then we will send DMCA Takedown Requests to Google, Yahoo and MSN. These search engines are US based and as such, will comply with any legitimate takedown request. This will have a very detrimental effect on the number of visitors to the infringing website.
The work is a picture of a Robin Red Breast and the associated 450 words of text. The original work can be seen at http://www.yourwebsite.com/relevantpage.html. The copied text starts at paragraph 3 and begins with the words:
'The Robin is a plump bird with bright orange-red breast, face, throat and cheeks edged with gray, a white belly and olive-brown upper parts'
Repeat as above for each URL on your website that has been copied.
Domain name: XXXX
Registrant type: XXXX
Registrant's address: XXXX
Registrar: GoDaddy.com, XXXX
etc etc etc
Good Faith Belief: I have a good faith belief that the use of the material is not authorized by the intellectual property owner, its agent, or the law (e.g. it is not fair use).
Authority to Act: I represent that the information in the notification is accurate, and under penalty of perjury, that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
512(f) Acknowledgement: As applicable under 17 U.S.C 512(f), I acknowledge that I may be subject to liability for damages if I knowingly materially misrepresent that material or activity is infringing.
Thank you in advance for your cooperation in enforcing copyright law in this instance. Please be aware, that under the terms of the DMCA, if you ignore this notice, you will no longer have 'Safe Harbour'. As such, you risk leaving your company open to a claim for damages of up to $30,000, or up to £150,000 in the case of wilful infringement.
I look forward to hearing from
TERMS & CONDITIONS OF USE: This example DMCA letter to Hosting Companies and ISPs is not meant to be a replacement for professional legal advice. WebsiteCop except no liability whatsoever for its use.
This Hosting Company ISP Takedown Request Email Template is available for download as a word document.
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