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DMCA Sample Templates

What is the DMCA?

Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) came into being in 1998 and bought US copyright law into compliance with the World Intellectual Property Organization. The DMCA extended US copyright law to include emerging internet technologies.

What about Content Removal?

The DMCA made it illegal to knowingly publish infringing copyrighted work on the internet. Publishers are not just website owners, but also Hosting Companies such as Godaddy and search engines such as Google

 
A DMCA letter informs the Hosting Company or Search Engine that they are allowing copyrighted work to be published on their servers. They are under a legal obligation to remove the infringing content or face the possibility of legal action.

Why Does it Work?

Although the DMCA is US Copyright Law, it works because all the major search engines are US based.

None of them will risk a law suit for copyright infringement, so the offending content is 'disabled' and in cases of repeat offending, the website can be completely 'taken down' or black-listed.

If your website content cannot be found in Google, you effectively do not have a website.

Webmaster Compliance

On receiving a DMCA Takedown request, most webmasters, no matter where in the world they are base, see sense and remove the stolen content.

They will not want to risk their website being removed from the search engine databases as this would seriously effect the amount of visitors to the site and effectively rendered the website useless.

However, if the webmaster refuses to comply with your request, then the search engines will.

DMCA Takedowns

Let WebsiteCop do the work

DMCA Takedown Requests need to be formatted corrected. Different search engines specify different criteria which you need to comply with. You also need to consider whether your copyright claim falls under the the DMCA criteria of 'fair use'.

Worldwide Copyright Protection

Another possible pitfall is proving ownership of the copyrighted material. Falsely and knowingly claiming copyright is a criminal offence punishable by a possible jail sentence. Use caution, the internet is awash with stories of DMCA Takedown Requests which have badly back fired leading to expensive law suits.

If you need help in putting together a professional DMCA Takedown Notice - guaranteed to work or your money back - get in touch with WebsiteCop

DMCA Takedowns

Webmasters DMCA

Writing a DMCA notice to a webmaster or website owner is generally your first port of call in the quest of getting content removed.

Getting the webmaster to agree means that the content can be removed within hours - search engines will typically take around a month.

The link below provides some useful help and advice on informal and formal DMCA requests to website owners.

Webmaster DMCA

ISP DMCA

If the webmaster refuses to remove the content, your next port of call is to write a DMCA request to the Hosting Company. ISPs generally comply within around 48 hours of receiving a properly formatted DMCA Takedown Notice

By using the WhoIS database it is possible to find the name and address of the company that provides the hosting space for the website. More help and advice below.

ISP DMCA Templates

Google DMCA

Until recently, all Google Takedown Requests had to be done by post. This is still an option but Google have now moved into the 21st century and it is now possible to file DMCA complaints online.

You will need to sign on for a Google account in order to access Google's Webmaster Tools.

Google DMCA Templates

Yahoo DMCA

Yahoo provides an online form for filing DMCA requests. They can also be done by post.

Follow the link to see an example of a properly formatted Yahoo DMCA request to download the template as a word document.

Yahoo DMCA Templates

MSN DMCA

MSN provides an online form for filing DMCA requests. They can also be done by post.

Follow the link to see an example of a properly formatted MSN DMCA request to download the template as a word document.

MSN/Bing DMCA

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